Item - 2024.EA10.1

Tracking Status

EA10.1 - Compliance Audit Report for the City of Toronto Re: Antonios Mantas

Decision Type:
ACTION
Status:
Amended
Wards:
All

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee considered the apparent contraventions identified in the audit report prepared by William Molson, Chartered Professional Accountant (“CPA”), of the election campaign finances of Antonios Mantas and has decided not to commence a legal proceeding against the candidate for the apparent contraventions.

 

1.  The Compliance Audit Committee (the “Committee”) met on July 29, 2024 to consider Item EA10.1 - Compliance Audit Report for the City of Toronto Re: Antonios Mantas (the “Audit Report”). The Committee's sole focus was the alleged contraventions of the Municipal Elections Act, 1996.

 

2.  Antonios Mantas (the “Candidate”) was a candidate for the office of Councillor, Ward 22, in the 2022 municipal election.

 

3.  William Molson, CPA (the “Auditor”), prepared the Audit Report and made written and oral submissions to the Committee. The Auditor found that the Candidate did not file a Form 4 - Financial Statement (the “Financial Statement”), as required of all candidates in the election in accordance with Subsection 88.25(1) of the Municipal Elections Act, 1996. In addition, the Auditor found the following apparent contraventions:

 

a. The Candidate did not maintain required records,

 

b. Applicant, Kevin Wiener's concerns are substantially correct,

 

c. There is no evidence of a ”spoiler candidacy”, and

 

d. The Candidate was cooperative.

 

4.  The Candidate appeared before the Committee and provided oral submissions related to the audit report. The Candidate apologized for not filing a Financial Statement and provided reasons.

 

5.  The Committee's jurisdiction is set out in Subsection 88.33(17) of the Municipal Elections Act, 1996 which states that "if the [audit] report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the Committee shall decide whether to commence a legal proceeding against the candidate for the apparent contravention".

 

6.  It is of fundamental importance that public confidence in the electoral process is maintained. Considering the findings in the Audit Report and the fact that the Candidate has already been subject to a penalty whereby the Candidate is barred from running in the next municipal election, the Committee is of the view that a legal proceeding is not in the public interest, and therefore the Committee has decided not to commence a legal proceeding against the Candidate for the apparent contraventions.

Decision Advice and Other Information

William Molson, CPA, gave a verbal presentation on Compliance Audit Report for the City of Toronto Re: Antonios Mantas.

 

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA10.1 - Compliance Audit Report for the City of Toronto Re: Antonios Mantas and to receive advice that is subject to solicitor-client privilege.

Origin

(July 5, 2024) Report from William Molson CPA

Summary

Final Compliance Audit Report (July 5, 2024) from William Molson CPA for candidate Antonios Mantas.

Background Information

(July 5, 2024) Report and Appendices A, B, C, D, E and F from William Molson CPA on Compliance Audit Report for the City of Toronto Re: Antonios Mantas
https://www.toronto.ca/legdocs/mmis/2024/ea/bgrd/backgroundfile-247638.pdf
Presentation from William Molson CPA on Election Compliance Audit - Candidate Antonios Mantas
https://www.toronto.ca/legdocs/mmis/2024/ea/bgrd/backgroundfile-247639.pdf

Motions

Motion to Meet in Closed Session moved by Lawrence D'Souza (Carried)

9:58 a.m. - That the Compliance Audit Committee recess its public session to meet in closed session to deliberate in private on Item EA10.1 - Compliance Audit Report for the City of Toronto Re: Antonios Mantas and to receive advice that is subject to solicitor-client privilege.


Motion to Amend Item moved by Lawrence D'Souza (Carried)

That:

 

The Compliance Audit Committee considered the apparent contraventions identified in the audit report prepared by William Molson, Chartered Professional Accountant (“CPA”), of the election campaign finances of Antonios Mantas and has decided not to commence a legal proceeding against the candidate for the apparent contraventions.

 

1.  The Compliance Audit Committee (the “Committee”) met on July 29, 2024 to consider EA10.1 Compliance Audit Report for the City of Toronto Re: Antonios Mantas (the “Audit Report”). The Committee's sole focus was the alleged contraventions of the Municipal Elections Act, 1996.

 

2.  Antonios Mantas (the “Candidate”) was a candidate for the office of Councillor, Ward 22, in the 2022 municipal election.

 

3.  William Molson, CPA (the “Auditor”), prepared the Audit Report and made written and oral submissions to the Committee. The Auditor found that the Candidate did not file a Form 4 - Financial Statement (the “Financial Statement”), as required of all candidates in the election in accordance with Subsection 88.25(1) of the Municipal Elections Act, 1996. In addition, the Auditor found the following apparent contraventions:

 

a.    The Candidate did not maintain required records

b.    Applicant, Kevin Wiener's concerns are substantially correct

c.    There is no evidence of a ”spoiler candidacy”

d.    The Candidate was cooperative

 

4.  The Candidate appeared before the Committee and provided oral submissions related to the audit report. The Candidate apologized for not filing a Financial Statement and provided reasons.

 

5.  The Committee's jurisdiction is set out in Subsection 88.33(17) of the Municipal Elections Act, 1996 which states that "if the [audit] report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the Committee shall decide whether to commence a legal proceeding against the candidate for the apparent contravention".

 

6.  It is of fundamental importance that public confidence in the electoral process is maintained. Considering the findings in the Audit Report and the fact that the Candidate has already been subject to a penalty whereby the Candidate is barred from running in the next municipal election, the Committee is of the view that a legal proceeding is not in the public interest, and therefore the Committee has decided not to commence a legal proceeding against the Candidate for the apparent contraventions.

Source: Toronto City Clerk at www.toronto.ca/council