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NEWS RELEASE: McGuinty prorogation enables subpoena of Premier & other Ministers in $275 million seat-saver scandal

Senior-most Liberals Will Be Forced to Face Questioning On Flamborough Quarry

TORONTO, Oct. 29, 2012 /CNW/ – Ontario Premier Dalton McGuinty and other senior Cabinet Ministers will be subpoenaed and compelled to testify in the judicial review of the Liberal government’s decision to kill the proposed Flamborough Quarry. The judicial review will help determine whether the government acted improperly in cancelling a quarry in the riding of Liberal MPP Ted McMeekin in advance of the 2011 provincial election. St Marys Cement has also filed a NAFTA claim based on the regulatory failure in this case, and is seeking damages of not less than $275 million.

In May, St Marys Cement served a Notice of Application to review the decision by the McGuinty Liberals to issue a Minister’s Zoning Order and a Declaration of Provincial Interest to stop the proposed Flamborough Quarry. The provincial government brought forward a motion to have the application dismissed, a motion that has now been dismissed by the Ontario Divisional Court. The government has appealed this ruling.

Due to a common law principle that protects sitting members from being subpoenaed while the house is in session or on break for holiday, the decision by Dalton McGuinty to prorogue the Legislature presents the first opportunity for the Premier, in addition to Ministers Jim Bradley and Rick Bartolucci, to be forced to testify. The legal process will now be initiated with the full intention of hearing from key decision-makers around this decision to save the seat of a Liberal MPP. Continue Reading →