Response to Fred Berenbaum

8/6/2019 Response to Fred Berenbaum

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RESPONSE TO APPLICATION

Please find below responses by the Rob Ford Campaign for Mayor of Toronto (the "Campaign") to

allegations in the application for a compliance audit filed by Fred Berenbaum (the "Applicant").

[2.]

The Campaign complied fully with the Mun icipal Elections Ad, 1996 ( "MEA") and denies all

allegations that it breached any provision of the MEA or City of Toronto By-law 1177-2009 ("the

By-law").

[3.]

The Campaign's filings are complete and transparent, in accordance with applicable law. The

documentation filed with the Clerk of the City of Toronto shows that the Campaign complied with

the MEA and the By-law. The Campaign's finances and expenses as of December 31, 2010 have

already been fully audited.' Accordingly, the compliance audit requested by the Applicant is not

required, and the application for a compliance audit should be dismissed.

[4.]

Doug Ford Holdings Inc. ("DFH") was a vendor/supplier to the Campaign, as stated in the

Campaign's filings with respect to expenses. Where goods or services being supplied to the

Campaign by DFH were being subcontracted, particulars of the goods or services supplied by

subcontractors have been provided.

1References, for convenience, are made to the corresponding paragraphs in the application of Max Reed and

Adam Chaleff-Freudenthaler and the response thereto.2

See Attachment 1



- 2 -

The services referred to in the Toronto Congress Centre invoice were delivered by the Toronto

Congress Centre on March 26, 2010, after Rob Ford was a registered candidate. The invoice was

paid, and the services w ere provided, after the candidate was registered.

[5.]

DFH was a supplier to the Campaign and subcontracted for certain goods and services supplied to

the Campaign. DFH has been fully paid by the Campaign. However, like other suppliers to the

Campaign, DFH was not paid as of December 31, 2010 but has been paid since December 31, 2010

by the Campaign.

The Campaign paid DFH from the Campaign's account on March 25, 2011. 3 No information as to

when such expenses were actually paid from the Campaign's account has been provided to date

because the filings to date are for the period ending December 31, 2010. This information will be

included in the Campaign's filings for the period ending June 30, 2011, due September 2011. 4

Accordingly, DFH did not pay any of the Campaign's expenses.

[6.]

The Campaign did not violate s. 69(1)(c) of the MEA. DFH was a vendor of goods and services to

the Campaign. DFH delivered goods and services through its subsidiary, Deco Labels and Tags, or

subcontracted for goods and services from other vendors. In every instance, all goods and services

rendered by DFH have been paid from the Campaign's account.

[7.]

The Campaign did not violate s. 76(1) of the MEA. The Toronto Congress Centre invoice was for a

reception held by the Campaign on March 26, 2010. The goods and services contracted for were

3See Attachment 2

4See Attachment 3



- 3 -

delivered by the Toronto Congress Centre on March 26 t h , not on March 25 t h . The Toronto

Congress Centre expense was incurred on March 26 t h after the candidate w as registered.

[8.]

The Campaign did not violate s. 75(1) of the MEA.

[9. - 14.]

DFH did not provide a loan to the Campaign. DFH was a supplier to the Campaign and was paid

like other suppliers to the Campaign from the Campaign's account.

The interpretation of the wording of the invoice from Davis LLP, on its face, is incorrect.' The

invoice refers to reviewing, amending, signing and sending a commitment letter to the TD Bank and

related matters. The word, "loan" in the phrase in the invoice which reads "... issues surrounding

loan to Campaign and guarantee by Doug Ford Holdings Inc." cannot refer to a loan from DFH.

Lenders do not guarantee their own loans.

The Campaign's filings appropriately document the loan received from the TD Bank. There is no

evidence that the Campaign obtained the TD Bank loan in response to the advice received from

Davis LLP.

There was no interest paid to DFH since DFH was a vendor, and not a lender, to the Campaign.

Rather than draw on the TD loan to pay all vendors when the goods and services were delivered, the

Campaign deferred payments until funds became available through the Campaign's fundraising

efforts. Other vendors/suppliers, like DFH, were not paid until some months after the goods and

services were delivered to the Campaign and were paid no interest. It is quite normal during a

5No solicitor-client privilege is being waived by this response.



- 4 -

campaign for there to be some vendors who require immediate payments and others who are

prepared to wait.

[15.]

As stated above, all invoices from DFH have been paid in full by the Campaign. DFH was not the

only vendor whose invoices were not paid for some months.

[16.]

DFH was a supplier to the Campaign. Any vendor providing goods and services "directly" may be

required to contract with others to obtain either the raw materials or services it needs to produce a

product or render a service. There is nothing preventing a supplier from subcontracting for certain

goods and services.

[17.]

As stated above, DFH was not a lender to the Campaign. The invoice refers to the "loan to

Campaign and guarantee from Doug Ford Holdings Inc." and only refers to the TD Bank loan.

Campaigns often do not have the cash flow available to pay for expenses as they are incurred. The

MEA permits a candidate to borrow from a financial institution or to defer payment of expenses.

DFH was not the only vendor whose invoices were not paid on receipt. In any event, all invoices

rendered by DFH have been paid in full by the Campaign.

[18. — 19.]

As stated above, DFH was at all times a vendor, not a lender.

[20. — 21.]

The Campaign did not violate the By-law. The goods and services rendered by DFH were not given



- 5 -

or donated to the Campaign. DFH rendered invoices to the Campaign for the goods and services

delivered and the invoices have been paid in full by the C ampaign.

[22.]

The Campaign has not accepted any corporate contributions.

Conclusion

[34.]

The Campaign has complied with Section 76(1) of the MEA. DFH did not pay the Campaign's

expenses. All Campaign expenses were paid from the Campaign's account. No expenses were

incurred before the candidate w as registered.

[35.]

The Campaign has complied with Section 75(1) of the MEA. DFH was a vendor, not a lender, and

was paid for goods or services supplied to the Campaign like other suppliers. DFH did not

contribute to the Campaign, nor did any other corporation.



ATTACHMENT 1



D. Christopher Climo, C.A.

Chartered Accountant & Ma nagement Consultant

INDEPENDENT AUD ITOR'S REPORT

To Rob Ford, Candidate for Ma yor and U lli S. Watkiss, City Clerk, City of Toronto

I have a udited the accompany ing financial statements of Rob Ford, which comprise theStatement of Assets and Liabilities as at December 31, 20 10 , the Statement of Cam paign PeriodIncome and Expenses for the campaign period then ended, the Statement of D etermination ofSurplus or Deficit and Disposition of Surplus, and other explanatory information. The financialstatements have been prepared by the Candidate based on the financial reporting provisions ofthe M unicipal Elections Act.

Management's Responsibility for the Financial Statements

The Candidate is responsible for the preparation and fair presentation of these financialstatements in accordance with the financial reporting provisions of the Municipal Elections Act

and for such internal control as he determines is necessary to enable the preparation of financialstatements that are free from material misstatement, whether due to fraud or error.

Auditor's Responsibility

M y responsibility is to express an opinion on these financial statements based on my audit. I

conducted my audit in accordance with Ca nadian generally accepted auditing standards. Thosestandards require that I comply with ethical requirements and plan and perform the audit toobtain reasonable assurance about whether the financial statements are free from material

misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts anddisclosures in the financial statemen ts. The procedures selected depend on the auditor's

judgment, including the assessment of the risks of m aterial misstatement of the financialstatements, whether due to fraud or error. In making those risk assessments, the auditor considersinternal control relevant to the entity's preparation and fa ir presentation of the financialstatements in order to design audit procedures tha t are appropriate in the circumstan ces, but notfor the purpose of expressing an opinion on the effectiveness of the entity's internal control. Anaudit also includes evaluating the appropriateness of accounting policies used and thereasonableness of accounting estimates made by m anagement, as w ell as evaluating the overallpresentation of the financial statements.

I believe that the audit evidence I have obtained is sufficient and approp riate to provide a basisfor my qualified audit opinion.

Basis for Qualified Opinion

Due to the inherent nature of the transactions of organizations of this type, the completeness of

the various categories of income a nd expenses is not susceptible to satisfactory a udit verification.Accordingly, my verification of income and expenses wa s limited to the amounts recorded in therecords of the Candidate and I was not able to determine w hether any adjustments might benecessary to incom e, expenses, assets, liabilities and surplus/deficit. As w ell, the Act does not

1614 Carmen Drive, Mississauga, Ontario L5G 3Z1 By Appointment Only

Telephone (905) 278-4847 u Facsimile (905) 278-5210



require me to report, nor w as it practicable for m e to determine, that contributions reportedinclude only those which may be properly retained in accordance with the provisions of the Act.

Qualified Opinion

In my opinion, except for the possible effects of the matter described in the Bas is for Qualified

Opinion paragraph, these financial statements present fairly, in all material respects, the financialposition of Rob Ford as at D ecember 31, 20 10 , his income and expenses for the campaign periodthen ended and the determina tion of surplus or deficit and the disposition of surplus inaccordance with the financial reporting provisions of the Municipal Elections Act.

Basis of Accounting

Without modifying my opinion, I draw attention to the fact that these financial statements areprepared to assist the Candidate to meet the requirements of the M unicipal Elections A ct. As aresult, the financial statements may not be suitable for another purpose.

Chartered Accountant and Licensed Public Accountant

March 18 , 2011M ississauga, Ontario



ATTACHMENT 2



W 11 • : itts:=1 9

ROBERT CAMOAIGN• 28 GREENSBORO DRIVE,

"TORONTO, ON M9W 1E1 DATE: 2 0

:t o

th 'e. orderof

4103 0,t /vNr..:

,JCanada:Tru% : R E X D A L E COMMERCIAL BANKING .CENTRE

KIPLINGAVE. , AT REXDALE BLVDTORONTO, ONTARIO' M9W4K1

RE



ATTACHMENT 3



ROB FORD CAMPAIGN

Espenses

Mare11 1, 2010 to December 31, 2010

Expenses Espenses oat subject to spending limit

Inventor

3'

ecatribut Salaries &

Dole Ref Suppliers Amount Bank loterest oned to

hirelings Nominatio Office Phone and/or b"'crit'ibn''Returned

Accounting41

Coats of fund Voting day

Advertisingcharges

rochuresloan

candidat

at

camptig

n (Sch.

hotted n filing let expenses interactnulls

prorestional

fees

Signs cantributi

0 1 1 %audit

raising

function

party/spared

anon notice,

Other

3)

Mar 2010

Mar 25/10 71205 Toronto Stamp 598.70 1 598.70

Mar 25/10 414796 Lobel Supply -Deco 52,17330 52.173.30

Mar 25110 Deco Labels invoiced Campaign, sec AIR (52,173.301 52,173.30)

Mar 25110 OF-I Doug Ford Holdings 510,000.00 510,900.00

Mar 2(1/10 71270 Toronto Stamp_ 541.56 541.56

Mar 26/10 1233936/N1 526k Polpnershapcs -Deco 53,492.35 53,492.85

Mar 26110 Deco Labels invoiced Campaign, sec A/R (53,492.1151 (53.492.85)

Mar 26/10 RF-1 Doug Ford Holdings 515,379.111 525,379.81

Mar 27/10 1 1 . 0 - 3 Doug Fort) Holdings 53.242.50 58,242.50

ar 28/10 108112 Toronto CommunityNews 50,311.66 SI 311.66

Mar 28/10 1NV4 Ancubc Inc. 5157.50 0157.50

Mar 29/10 190 Momentuum 55,250.00 55.250.06

/star 29/10 111579 Deco Labels &Tags 571935 571935 =IllMar 31/(0 11F-5 Doug Ford Holdings 53,000.00 Ml

0 0

Mar 31/10 111637 Deco Labels & Tags 52,477.72 52,477.72

Mar 31/10 111638 Deco Labels &Tags $1,123.68 51,123.69

&tar 31/10 111639 Deco Labels &Tags 52,209.15 52,209.15

Mar 31/10 B ank Bank activities 5347.19 5 207.15 5140.04

Tatal 560,35882 51,409.16 520 7.15 53,197 07 50.00 50.000.00 10.00 51,403.98 50.00 58,250.00124209.15 50.00 50.00-- ,-

543,622.31 50.00 I0Page 1 of 1



ROD FORD CAMPAIGN

Expenes

March 1, 2010 to December 31, 2010

Date Ref Suppliers Amount

Espeases Expenses at subject to mitaimit

AdvertisingDoak

barges13rochur

terest on

loan

Inventor

rcontribut

ed to,:,,

""" en's

f.ampala

n (Sch.

3)

Meetings

hosted

Nominatio

a Ming fen

Office

expenses

Phone and/or

interne1

Salaries &

b`u r̀dill'''rant*

professional

fees

Signs

Returned

contribut1

sox

Accounting &

audit

Costs of fund

raising

function

Voting day

party/appreei

alien notices

Othe

Apr 2010

1

Apr 1/10

Apr 1/IU

Apr 5/111

In-kind 5251.40 251 4

RFC - I Deco Labels &TagsDoug Ford Holdings

APO 5259.79

$1,050. 00$7 ,000. 00

11111111111111

11111111111

51.050.00515939

57,000.00F-6

141303pr 7/10

Apr 14/10Apr 19/10

10015 Kern O'Callaghan 54,118.85 54,110.8522779 Rcxdale Plink= Limited 51,097.25 IM B I E MMEM

I I I I I I I I I I I

Apr 23/10 6981 The Toronto Congress Centro

Deco Labels &Tops

5749.41

51,494.31 51,494.31

5749.41

Apr 27/10 112311

Apr27/10 22793 Read* Printers Limited 5367.50

Apr 30/10

Apr 30/10

2 Mork Towhey 55 ,000. 00 55 ,000. 00

Dank Rank activities 5535.84 5535.114 1.11111111

50.00

Total 511,92435 54.118.85 5535.84 51 494.31 50.00 0.00 50.00 50.00 52,766.15259.79 512,000.00 50. 00 50.0 50 . 00 5749.41 50.00 50

Pacc I of I



R013 FORD CAMPAIGN

Expenses

March 1, 2010 to December 31, 2010

Expenses Expenses not subject to spending limit

Inventor

rcontribut Salaries &

Date Rd Suppliers Amount Bank Interest oncd to

Meetings Nominatio Office Phone and/or b'ellill °°°Returned

Aceountin & Ct".11""iVoting

"YAdvertising Brachnres caodidat minim Signs contributi raising party/append Othe

charges loanes's

campaig

n (Sch.

hosted n filing fee expenses interactprofessional

recs

muiiadii

(unction edon notices

3)

Mav 2010_ _May 1 / 10 u140 Thirdeyr Technologies Inc. 5125.96 5125.96

May 1 / 10 142 Thirden Technologies Inc. 5I2596 5125.96

May 1 / 10 143 Illirdeye Technologies Inc. 531.49 531.49

May 1110 RFC - 2 Deco Labels &Taus 51,050.00 51,050.00

May VIO 2001 (May Campaign Research 58,400.00 58 ,405.05

May 3/ 10 Cleaning Arcuturs 1.0 51,050.00 51,050.00

May3/10 1st 6: last Arcuturs LP 53,360,00 53,360.00

May 9 / 10 9-May Bell Mobility 5162.04 S162.04

Mae 10/10 1373 Direct Communications Mgt 56,302,73 56,302.73

Man 11/10 -7 DougFortiyL_ILin 523,100.00 123.100.00

May 11/10 5/11/2010 Rally for Canada Inc. 110,500.00 510,50000

May 12/10 RFD - 002 Cornell/1i Research 52,016.00 52,016.00

May 14/10 14-May Eraser MacDonald 5169.72 5169.72

May 14/10 CM0202 Meltwater News 52,205.00 50205.00

May 10/10 172010 cope Luke Robertson 5304.65 5304.65

May 17/10 1374 Direct Communications Mgt 56,069.11 56,069.11

May 17/10 22841 Readale Primers Limited 5236.25 5236.25

May 17/10 112918 Deco Labels &Tags 5675.70 5675.7

May 17/10 112919 Dace Labels & Tags 52,520.70 52,520.70

May 17/10 112920 Deco Labels &Tags 51,284.25 51284.25

May 17/10 1(2921 Dcco Labels &Tags 537290 S 72

Ala,. 17/10 002-2010 Campaign Research 54417.50 51,417.50

May 21/111 1375 Direct Communications Mgt 56.199.62 50,199.62

May 21/10 May 10-14 Mitch Wexler 5480.00 5480.00

May 21/111 Mayo-14 Kia Nejatian 5900.00 5900.00

May 21/10 May4-14 Luke Robertson 51,080.00 51.080.00

May 21/15 to May 20 Paige MacPherson 5630.00

May 22/10 M705 Milne Studios 5131.25 5131.25

May 25/10 113031 Deco Labels &Tags 5622.35 5622.35

Mac 26/10 1376 Direct Communications Mgt 55,859.21 55,859.21

May 28/I0 12592 Markle Camera & Video 52,153.90 51.153.90

May31/10 29-May Tom Beyer 53,260.00 53.250.00

May 31/10 31-MayKia Nejatian 545.49 555.49

May 31/10 _Ien.ms Liz Grawur 5173.35 5173.35

May 31/10 3-lan Mark Tawny 54,000.00 54.000,00

May 31/10 B ank Bank activities 5502.65 5502.65

50.00

Total 597,517.78 1372.90 5502.65 55, 03.00 I0.00 50.00 524,430.67 50.00110,889.61 SI2,36290 543,856.00 50.00 50.00 50.00 50.04 50.00 5

Pure t of 1



ROB FORD CAMPAIGN

Expenses

March 1,2010 to December 31,1010

Fs enses Espens s oot subject to spending limit

Inventor

Y

contribut Salaries &

Date Ref Suppliers Amountisi

BankBrochures

Interest onet! to

candidatletting Nominal/a Office Phone and/or buen"b"

raniasign,

Returnedtoguibuti Accounting

Costs of fund

raising

Voting day

partylappreci Othercharges loan

csshosted a filing fee expenses interne!

professional antaudit

function slimnotices

emanate

a (Sch,

3)

fees

Jun 2010

Jun 1/10 12092 Future Link Communica lions 5630.00 5639.00

Jun 2/10 luny Liquor license (Bonus event) 575.00 575.00

Jun 1/10 rant for the Duca Labels &Taps 51,050.00 51,050.00

Jon 1/10 RFC -11113 ga_imaign Research 58,400.00 10,400 00

Jun Via 0I3190605- Grand Dacus 520,106.29 520.10619

Jun3/10 htay17:30 Kin Nctjatian 51,001.00 Mll 51,00000

Jun4/10 1381 Direct Communications Mgt 56,201,20 56,201 20 11111111111

Jun 4/10 !8536(28901 &J Manufacturing 01,750.99 51,750.99

Jun 4/10 May 17-30 Lula Robertson 51,200.00 51,70900

Inn 4110 hiay 17-30 Mitch Wexler 51,320.00 51,321100

Jun 4(10 May 19-30 Paige Macpherson 5882.00 5302,00

Jun5/10 60510 Digital Dream Productions Inc. 56,615.00 56,615.911

Jun 7/10 13211 Campaign Research 51,695.00 51.695.110

J un 7/10 113426 Deco Labels du rqS 5591.18 5591.18

Jun 9110 1121 3D Contact Inc. 591.61 591.61

Jun 8/10 113425 Deco Labels & Tags 5681.84 5691.84

Jun 14/10 1382 Direct Communications Mgt 56,397.86 56.397.06

Jun 14/10 113673 Duca labels &Tags 5442.94 5442.94

Jun 17/1(110110 Karri 0,Callaghan 54,331.86 54,331.86

Jun 19110 4l Kin Nctiatian 51,300.00 I 51,200.00

Jun 18/19 42 Lukc Robertson 51,200.00 51,200.00

Jun 10/10 43 Mitch Wexler 51,200.00 51,209.00

Jun 18 /111 44 Paige Macpherson 5918.75 5918.75

Jun 111/10 45 Stephanie Donor 51,200.00 51200.00

Jun 19/10 46 Emma Verity 5600.00 5600,00

Jun 18/10 47 Fraser MacDonald 5600.06 5600.00

Jun 18/10 48 Liz Gawur 5547.58

J un 21/10 50 Sarah 11011 5412.00 $412.90

Jun 21/10 51 for Searbomugh office runt 53,000,00 53,000.00

Jun 21/111 001-2019 Campaign Research 510„521.00 S10,521.90

Jun 25/10 RE-062910 Liberty Grand Entertainment 527,721.25 $27,721.25

Jun 3(1/10 57 Kin Netjation 559.38 559.38

Juts 30110 59 Luke Robertson 519.38 519.38

Jun 30/10 59 Kin Netjatian 51,200.00 51.200.00

Jun 30/111 66 Seals Hull 51,366,00 51,366.90

Jun 30/10 Jun-10 Campaign Research 58,400.00 S8 400,00

Jun 30/10 69 Amin Massaudi 551793 117.93 550000

Jun 30/10 Flank Bank activities 573294 5722.94

Total 5124,068.90 55,36598 5722.94 S 81 50.00 10.08 512,599.06 50.00 56,38927 5721.61 539,74 .75 51,750.9 9 50.00 5.00156,89554 50.00 50



ROB FORD CAMPAIGN

Accounts Payable

December 31, 2010

Date Invoice No. Supplier Particulars Amount Chip! Date

Mar 25/10 RF-1 Doug Ford Holdings Inc. Stephen Spading fund raising fee $10,000 .00 542 Mar 25/11Mar 26/10 RF-2 Doug Ford Holdings Inc. Toronto Congress Centre (campign kick-off) $25,379.81 542 Mar 25/11Mar 27/10 RF-3 Doug Ford Holdings Inc. Digital Dreams Production Inc. (campaign kick-off) $8,242.50 542 Mar 25/11Mar 31/10 RF-5 Doug Ford Holdings Mark Towhey (Mar/10) $3,000 .00 542 Mar 25/11Apr 5/10 RF-6 Doug Ford Holdings Tom B eyer (social media consulting) $7,000 .00 542 Mar 25/11

May 11/10 RF-7 Doug Ford Holdings Praxicux polls $23,100 .00 542 Mar 25/11Oct 25/10 ooking: 2477 Toronto Congress Centre Election Night $74,339.31 537 Mar 14/11Nov 7/10 ,oice end Oct Campaign Research Professional fees $22,611.30 51 6 Feb 18/ I

Dec 31/10 C105 The Albany Club Sep 23/10 fundraiser $977.82 51 9 Jan 10/11Dec 31/10 166 Thirdeye Technologies Inc Website hosting $271.11 520 Jan 10/11Dec 31/10 583770 Dec S Bell Mo bility Internet $66.60 521 Jan 7/11Dec 31/10 rI's Dec. cell Roman Gawur Telephone $118.01 522 Jan 17/11

Mar 25/10 2010-0 256 Rob Ford Nomination fee $200.00 544 Mar 25/11

Mar 11/11 2010 Chris Climo Audit fee $10,452.50 539 Apr 4/11Dec 6/10 18000-81119 City of Toronto Sign rmoval charges $13,529.28

Jun 3/10 Amex Doug Ford Holdings Inc. Grand B accus Event deposit $1,000 .00 542 Mar 25/11

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