Heaps defending himself in court over election complaint

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Ward 35 (Scarborough Southwest) Councillor Adrian Heaps' court battle over his election expenses should at least be partially covered by taxpayers, Toronto's executive committee has recommended.

The committee voted to cover 85 per cent of Heaps' costs - which he said are running between $40,000 and $50,000 - in the interim, demanding that the money be returned if Heaps is finally found to have been in the wrong.

In an interview following the Tuesday meeting, Heaps said he isn't worried about that.

"I've already been cleared once," said Heaps, who was brought before Toronto's compliance audit committee for the first time last year, over a complaint lodged by John Lyras.

Lyras claimed that Heaps had overspent on signs and other election expenses in the 2006 municipal election, where Heaps narrowly defeated Michele Berardinetti for the council seat.

Lyras is president of the Scarborough Southwest Provincial Liberal Riding Association and an executive assistant to Berardinetti's husband, Scarborough Southwest Liberal MPP Lorenzo Berardinetti.

He launched a court appeal when the city dismissed his complaint. And because of the rules governing elected officials, Heaps has had to use his own resources to defend against the complaint.

Heaps is not alone in that position.

Ward 32 (Beaches-East York) Councillor Sandra Bussin had to pay several thousand dollars to defend against a complaint - expenses that council reimbursed earlier this year - and at the same meeting at which Heaps' situation came up, Ward 7 (York West) Councillor Giorgio Mammoliti was also granted reimbursement of his expenses.

But the aftermath of the closely-fought Ward 35 election in 2006 has been particularly bitter.

In addition to the legal challenge, Lyras launched a complaint with Toronto's Integrity Commissioner, alleging that Heaps had used his influence to prevent the city from selling him a Danforth Road property on which he wished to build housing - and had done so because of his complaint against Heaps.

Integrity Commissioner David Mullan found the complaint to be without merit. He said the property at 699 Danforth Rd. was offered up for affordable housing to be constructed by Habitat for Humanity, only after Lyras had fallen out of communication with the city.

Heaps said the integrity commissioner's report should close the matter. "But they may well find a way to appeal to the integrity commissioner. I'm sure there's a way," he said.

In an e-mailed response to a Mirror request for an interview, Lyras indicated he would offer no comment.

In the meantime, Heaps' reimbursement will be coming before Toronto Council at its meeting at the end of September.