The Hamilton Spectator

Charges against Hamilton firefighte­r tossed over unreasonab­le delay

Fraud, money laundering and obstructio­n charges against Colin Grieve stayed by judge

- STEVE BUIST sbuist@thespec.com 905-526-3226

Criminal charges against a Stoney Creek firefighte­r accused of misappropr­iating money from cancer-stricken colleagues have been dismissed by a Milton judge because the case took too long to reach trial.

Colin Grieve, one of hundreds of Hamilton firefighte­rs who battled the notorious 1997 Plastimet blaze, and Paul Atkinson of Toronto, were each charged with fraud over $5,000, money laundering, and obstructio­n of justice on Mar. 7, 2017.

They were alleged to have misappropr­iated a significan­t amount of money over a number of years from families of firefighte­rs they helped to settle workplace-related death and disability claims.

Their trial was scheduled to begin Jan. 13 in Milton court, but Grieve and Atkinson asked for a stay of proceeding­s because of an unreasonab­le delay in bringing the case to trial.

Superior Court Justice Erika Chozik relied upon the landmark 2016 decision of the Supreme Court of Canada in the case of Barrett Jordan, who had argued his right to be tried in a reasonable time had been violated.

The Supreme Court decided that no more than 30 months should elapse between the laying of criminal charges and the start of a trial in cases having a preliminar­y hearing, or 18 months in cases with no preliminar­y hearing.

In the case of Grieve and Atkinson, the judge noted the gap between the laying of charges and the start of the trial would have been 35 months and one week.

Three months of that delay were attributed to the defendants, leaving a delay of 32 months and one week attributed to the Crown.

The Crown argued there were three periods of delays, each lasting about two months, that should also have been subtracted from the total — a delay from Aug. 17, 2017 when a judicial pretrial date was first available until Oct. 19, 2017 when it took place, a delay from Sept. 24, 2018 to Nov. 22, 2018 when the preliminar­y hearing had to be adjourned, and a delay from Nov. 23, 2018 to Jan. 14, 2019 when the judge hearing the preliminar­y inquiry was considerin­g her decision.

The judge refused to allow any of the three delays to be deducted from the total.

“The Crown has failed to establish that the circumstan­ces which caused the ceiling to be breached were genuinely outside its control,” Chozik stated in her decision.

“Indeed, I find that it was within the power of the Crown to anticipate or avoid each delay in question,” she added.

“The total delay in this case is therefore unreasonab­le.”

Neither Grieve nor Crown attorney Harutyun Apeal responded to requests for comment.

Grieve and Atkinson are still facing a $4 million civil lawsuit launched in 2016 by the Ontario Profession­al Fire Fighters Associatio­n (OPFFA). Grieve and Atkinson are countersui­ng the associatio­n for $12 million.

After his involvemen­t with the Plastimet fire, Grieve became an advocate for firefighte­rs stricken with work-related cancers.

Grieve and Atkinson eventually began working on behalf of the OPFFA to help firefighte­rs, their widows and families negotiate claims with the Workplace Safety and Insurance Board (WSIB).

To continue funding the OPFFA’s WSIB claims advocacy program, the associatio­n drew up a voluntary letter of agreement asking successful claimants to make a contributi­on from their settlement­s to help the OPFFA represent others.

The OPFFA launched the lawsuit alleging that money intended to be donated by grateful families to the associatio­n was instead being “misappropr­iated” by Grieve and Atkinson.

The associatio­n alleges the two firefighte­rs drew up their own “copycat” letter of agreement in an effort to “confuse” claimants into believing they were making donations to the OPFFA.

Instead, the associatio­n alleges, the money was diverted to Grieve, Atkinson and companies they created.

The OPFFA’s allegation­s, which have not been proven in court, include breach of trust, unlawful act conspiracy, inducing breach of contract and unjust enrichment.

The associatio­n took its concerns first to the Ontario Provincial Police but the OPP declined to lay charges. Halton Regional Police Service eventually laid the criminal charges against Grieve and Atkinson.

The two firefighte­rs deny the OPFFA’s allegation­s and state in their defence that they never engaged “in any fraudulent scheme, conspiracy or subterfuge.”

“The allegation­s in the statement of claim to this effect are purposeful­ly scandalous,” Grieve and Atkinson claim in their statement of defence.

Last summer, the OPFFA obtained a court injunction freezing the assets of Grieve and Atkinson while the civil case continues.

 ?? THE HAMILTON SPECTATOR ?? Colin Grieve, left, and Paul Atkinson. Criminal charges against them were dismissed because the case took too long to get to trial.
THE HAMILTON SPECTATOR Colin Grieve, left, and Paul Atkinson. Criminal charges against them were dismissed because the case took too long to get to trial.

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