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Recent Developments

On Friday, December 3, 2010, the Commissioner heard a motion from Peter McCallion requesting that he recommend to the City of Mississauga an increase in the funding limit of his legal fees to $400,000 from $150,000. The motion also sought that the Commission adjourn indefinitely until Mr. McCallion can secure funding for legal representation for the City. The Commissioner has now ruled on the motion.

In his ruling, Commissioner Cunningham implored Mississauga City Council to consider Mr. McCallion's request for further funding. But he said the Inquiry would continue even if City Council does not follow his recommendation. "The appropriate remedy is not to halt these proceedings," the Commissioner said. "The citizens of Mississauga have expended significant resources and are entitled to my findings of fact and my recommendations..."

The full text of his ruling is available in the Legal Information section on this web page.

The Inquiry will sit on December 14, 15 and 16.



Commissioner Cunningham issued ruling on the meaning of "conflict of interest" (July 8, 2010)

On July 8, 2010, Commissioner J. Douglas Cunningham issued his ruling on the meaning of "conflict of interest" in the Inquiry's Terms of Reference.

Counsel for Mayor Hazel McCallion raised a question about the meaning of the term in a submission on July 6, 2010.



Decision of Commissioner Cunningham on Motion by Mississauga News (May 26, 2010)

Commissioner J. Douglas Cunningham today denied a motion by the Mississauga News newspaper to make public the affidavit of Peter McCallion regarding his ability to pay for counsel at the Inquiry and the cross-examination on that affidavit be made part of the Commission's record.

Decision of Commissioner Cunningham on Motion by Mississauga News   (29Kb / 2 pages)
Motion by the Mississauga News   (82Kb / 5 pages)



Commissioner Issues Recommendation Regarding Funding (May 17, 2010)

On Monday, May 17, 2010, the Commissioner issued his recommendation to Mississauga City Council dealing with the funding request of Peter McCallion. His recommendation is posted in the transcript.



Inquiry Hearing on April 30, 2010 (April 30, 2010)

On April 30, 2010, Commissioner J. Douglas Cunningham heard a motion by the Mississauga News newspaper for an order that the affidavit of Peter McCallion regarding his ability to pay for counsel at the Inquiry and the cross-examination on that affidavit be made part of the Commission's record. When the Commissioner issues his decision, it will be posted on this website.

Mr. McCallion was granted standing at the Inquiry on December 14, 2009. He also requested funding for legal counsel for the Inquiry. Mississauga City Council approved funding of up to $100,000, on the condition that he provide evidence of his inability to pay, and only covering the time that Mr. McCallion was testifying. On March 4, 2010 Mr. McCallion brought a motion before the Commissioner, asking him to request the City of Mississauga to reconsider the limit in order to give him the ability to fully participate in the Inquiry. The Commissioner ruled that further evidence was required in order to enable him to make such a recommendation. The Commissioner ordered that Mr. McCallion swear an affidavit as to his ability to pay for legal counsel, and that Commission Counsel cross-examine Mr. McCallion on that affidavit. That cross-examination took place earlier this month.

The affidavit and cross-examination transcript are currently confidential and have been provided only to Commission Counsel.



Commissioner Issues Decision on "Citizen Journalists" (April 26,2010)

Commissioner J. Douglas Cunningham today issued his decision on the submissions from two "citizen journalists" regarding video coverage of the Inquiry hearings, heard on April 12, 2010. The decision is posted on the Legal Information page.

A transcript of the April 12 hearing is available on the Transcripts page.

Under the Rules of Procedure for the Mississauga Judicial Inquiry, the use of television cameras or other recording electronic or photographic equipment are at the direction of the Commissioner.


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