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TORONTO COMPUTER LEASING INQUIRY TORONTO EXTERNAL CONTRACTS INQUIRY
The Honourable Madam Justice Denise Bellamy, Commissioner  

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About the Toronto Computer Leasing Inquiry
(Hearings completed)
and
The Toronto External Contracts Inquiry
(Hearings completed)

March 4, 2005

The closing submissions for TECI have been posted on the
Closing Submissions page.

The Toronto Computer Leasing Inquiry (TCLI) and the Toronto External Contracts Inquiry (TECI) are independent judicial inquiries, established under Section 100 of the Municipal Act by the Toronto City Council. Madam Justice Denise Bellamy of the Superior Court of Justice has been appointed Commissioner of both inquiries.

The Toronto Computer Leasing Inquiry was established in February 2002 by a unanimous vote of Toronto City Council. In October 2002, City Council voted to expand the Inquiry's mandate. In so doing, it established the Toronto External Contracts Inquiry.

The mandate of TCLI was to inquire into all aspects of leasing contracts for computers and related software between the City of Toronto and MFP Financial Services and between the City of Toronto and Oracle Corporation. The Commissioner was to inquire into the history of the contracts and their impact on the ratepayers of Toronto.

The evidentiary hearings of TCLI were completed on September 29, 2004.

TCLI Transcripts
TCLI Witnesses Who Have Testified (In Alphabetical Order)
TCLI Witnesses Who Have Testified (In Order of Appearance)
  TCLI Terms of Reference



History

TCLI got under way on September 30, 2002 with a statement by Commissioner Bellamy, adjourning the Inquiry at the request of the Ontario Provincial Police. The OPP had requested the adjournment to investigate alleged wrongdoings uncovered by lawyers working for the Inquiry. The investigation did not result in any charges being laid. TCLI resumed on December 2, 2002.

The Inquiry adjourned twice because of challenges to the Commissioner's rulings in Divisional Court. In both cases, the Divisional Court upheld the Commissioner's rulings. The first was brought by former lobbyist Jeff Lyons, challenging the Inquiry's right to open 18 banker's boxes of documents belonging to Mr. Lyons. The second was filed by former City Budget Chief Tom Jakobek and his wife, Deborah Morrish. It sought to prevent the Commissioner from calling evidence involving financial dealings between Mr. Jakobek and former MFP salesman Dash Domi. The Divisional Court ruled that the evidence is "relevant and necessary" for the Commissioner to complete her mandate.

The Inquiry adjourned on November 25, 2003, after the Lyons challenge and resumed on April 19, 2004, only to adjourn again on April 21 to allow the Divisional Court to hear the Jakobek and Morrish challenges. It resumed on August 30, 2004.

Between January 16 and February 5, 2004, the Inquiry held hearings on the subject of good government. Individuals and panels of academics, politicians and experts presented ideas on the workings of municipal governments.

The Good Government phase was designed to help the Commissioner fulfill her mandate to make any recommendations which she may deem appropriate and in the public interest.

On July 13, 2004, Commissioner Bellamy transmitted to Mayor Miller the presentations, background papers and research materials from the Good Government hearings. (More Information.)

The materials are not an interim report and do not contain recommendations or observations by the Commissioner. These are contained in the Commissioner's report.

On December 30, 2003, Commissioner Bellamy sent a letter to Toronto's new mayor, David Miller, saying she was prepared to undertake the second inquiry (TECI), but that she had some concerns about cost and the timeliness of her report. City Council considered the matter on two occasions and ultimately voted 34 to 4 to go ahead with the second Inquiry.

The Commissioner's letter to Mayor David Miller (July 13, 2004)

TECI's mandate was to investigate a number of issues related to consultants retained by the City of Toronto and the former City of North York, and the purchase of computer hardware that subsequently formed the basis for the computer leasing Request for Quotations that is the subject of TCLI. The consulting agreements that were reviewed by the Commission concern the creation and implementation of the tax system of the former City of North York ("TMACS"), the amalgamated City of Toronto's selection of TMACS, and the development and/or implementation of TMACS at the amalgamated City of Toronto. The Inquiry also examined the circumstances surrounding the selection of Ball Hsu & Associates Inc. to provide consulting services to the City of Toronto.

TECI hearings ended on January 27, 2005.

The Commissioner's Report covering both inquiries was released on September 12, 2005. It is available on this web page.

  TECI Terms of Reference
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