COLIN C.G. PYE 1159 Now Shore Boulevard Past, Unit 38, Bodingon, Onto ® 78 1C3, "Tl: (0) 632-4965» Cl: (05) 537-7578 Ena coliny@hoialsomn December 5, 2016 (Char, Provincial Nomination Commitee Progressive Conservative Paty of Onto 159 Adelaide Steet ast, # Flor ‘Toronto, Onto MBC IK6 Purmunt to Artle 27.1 of the Constintion of the Progressive Conservative Panty of Ontario (CConstiurion”) and Rule 21 of the Rules Goveming, Candidate Nominations (Rules), the lndersgned Residents of the Electoral District of Batlington who suppor the Deinples and (Objects of the Pay hereby protest and appeal the nomination of Jane McKenna a andidate Fo the lector Disc of Bulinglon on Naver 26, 2016 ‘THE GROUNDS FOR THIS APPEAL ARE: (On September 28, 2016, the Batington Riding Awociaon stuck « Candidate Search Commitee (*CSC") pursuant 0 Rule 62 of the Rules, in atipation of a nomination resting to be held in 2017 a contemplated in Rule 4.1 upon application for permission to hold «nomination mecting being granted by the Provincial Nomination Committe CPNCY. Minutes of the Buttington Riding Association Boatd of Directors meeting held September 2,201, is attached as Schedule “A” to this Appeal. (On Octobet 3, 2016, Brook Dyson, President of the Busigton Riding Association, informed the Board tat Provincial Paty Headquarters had elected urlington atone of 25 Fiings to ave nomizations completed by the end of 2016, and thatthe Candidate Search Commitee wat to submit it report to the Provincia Nomination Commitee ("PNC*) by Octobe 15, 2016, after which the PNC would review all potential candidates and act & ‘nomination meeting dt. Correspondence fiom Mr, Dyson to the Boatd is atached as Schedule “BY to this Appel ‘Because ofthe rancated schedule atleast two potential contestants withdrew thle mares fiom consideration and only two candies coud submit their completed paperwork before the October 15 reporting deadline Jane Michael, chaie of the Halton Catolic Distice School Bourd and Jane MeKenna former MP? for Bungton Although the CSC met twice on October 6 and October 13, the Board was not pemsited to fee the potemial contestants’ competed information, which war submited decly by Dyson to the PNC, bypassing the CSC. (One CSC meme, Wendy Hofina, requested biogaphis of the potential contests pee to the October 15 CSC meeting rom Me. Dyson. This request was ignoredCorrespondence from Ms, Hofman to Me, Dyson is attached as Schedule “C? to this Appeal. 6, ‘Two other potential contestants were dqualied becaase Mr, Dyson unilaterally declared them tobe unfrvoareble withoat explanation oe inp fom the CSC. 7. Aethe October 26,2016 Board meeting, Me. Dyson informed the Bou thatthe nomination ‘nceting would beheld on November 26, 201, with membership ale to eligible voter be submited and en off on Novembee 11,2016 Minutes of the October 26,2016 Board Meeting are attached as Schedule “D” to this Appe 8. Sever Board members contacted Me. Dyson to call «special meting to vote on the scclerated nomination mecing, which Me. Dyson refused to cll chiming that the Party Headquarter” decision was final Calls by members of the Boned to Jon Pollock (Regional Vice President, South Cena, seeking an explanation forthe accelerated notsinaton esting, and to other members ofthe PNC and provincial executive were not retuned, Correspondences from Board Members Wendy Hofman, Paul Schetet, David Wilom, Colin Pye, Louis Megyat, Kristopher Kowalchuk, and Michael Lewis dated hetween ‘October 31, 2016 and November 2, 2016 are attached as Schedule "Eto this App Cortespondence fom Me, Dyson to the Board dated November 2, 2016, is attached as Schedule “to thi Appeal CANDIDATE ACTIVITY 9. On October 17, 2016, ewo days aie the dose of reposting tothe PNC, Team Blue 2018 ‘vested that Ma, McKenna would lily be acclaimed candidate for Butington. This was rerweeted on Ms, McKenna’ Twter fed A true copy of the tweets taken ftom the Twiter fed of Team Blue 2018 and (@JaneMcKennad ace atached as Schedule “G” to this Appeal 10, Ma. MeKenna’s campaign began esing automated an live voice cals to Ring Associaton members fom October onward, inching to members wom Me. Michael had signed wp. 11. As November 11,2016, was dhe cutoff date for sales of membership wo eligible votes, tis probable that Ms, McKee campaign had recived this it through Paty Hesdgwaces 12, Detwou Noveniber Tail 10, 2016, Onl Resonate wht pe soey of Burlington residents in which respondents were asked, among other things, sbowt thie provinil vote ine with lit of pats and thie andes, 13, The esl ofthis survey were enclosed in eters male out to Riding Assocation members fon November 21,2016. Jane McKenna was rated asthe PC candte inthe survey and ilentified ar the choice of 48% of decided and lening voter, wih Liberl MPD Eleanor “MeMahon second 133%. [A wue copy ofthis mailing is attached as Schedule “H™ to this Appeal4. 15 1 19. a 22 Ms, McKean effectively held herslf ost, or war permited to old herself out, as the nominated cada prior to the aomieation meeting JANE MICHAEL APPROVAL PROCESS Ms. Michiel had already made he intentions to run for the nomination known to Bob Staley, Executive Dizector and Ken Zig, Past President ofthe PC Party of Ontao, ata two-hour hinch with Mest. Staley and Zese in Harton on July 16, 2016, where they lscussed her potential candidacy a length and encouaged he to ex the nomination. Max ‘Mitte ashe Gar eda ecto ce thn Mic Slay ad expan his pessoal preference for Ms, McKenna 9 be nominated, however, if she could zn ‘sncontestd Ms. Michel diseussed bee candidacy with Dyson and other members of the Riding Avtciation in ate July 2016 and recived further encouragement to eck the nomination, ‘Ms. Miche formally anced her campaign on Asn 28,2016 “Ms. Michal submited hee completed paperwork to the CSC on October 13, 2016, which was then submited to the PNC before the October 15, 2016 deadline, Ms: Michiel had sige clifficulyabtining sigatues for he pttion for nomination as she dd not have ‘membership it Atthis tags she PNC permitted Ma Michels contestncy to go ito limbo Ma. Michaela imide cle to dhe PNC and Pasty Headquarters even before the dose of ‘membership ses to find out when the interview required under the Rules would be held, find was advised that she would receive a call Ms, Micha had received no suc cll a of| [November 15,2016, td having informed Ms. Hofinan ofthis fact, Ms. Hofinan emailed Me: Dyson requesting tht he make inguties as Riding Assocation President to ind oot if [Ms Michael's name would be ping onthe bllot.Agsn, Me. Dyson dd not respond to this ing Correspondence from Ms. Hofinan to Me. Dyson is attached as Schedule “I to this Appeal Aslate as November 18, 2016, even members of the Riding Associaton Board of Dizetoes Jnad no confemation that sither Me. Michael or Ms. MeKenna had been qualified as contestants, of whether titer of them had zedved the membership list Decor Paul ‘Marat made further request to Me. Dyson chat day by emai asking that his concerns be communicated to the PNC and the candidates receive the fill eligible membership Lt by [November 20,2016. Me. Dyson dil aot respond to this inguiry ether. Cortespondence from Patil Matai to Brooke Dyson is attached at Schedule “J” to Appe 1 evident tat Mr Dysoa fied to respond to the concen ofthe Riding Associstion Bout of Directors or to commaniate ther to the PNC and Paty Headguattrs ‘As no asitance war Forthcoming fom Me. Dyson, Ms, Hofman contacted Ken Audis, Director of Votee Contact at Party Headquarters outing conceens that Ms. Mice still Ind not dan interview and requesting a response no ltr than Noveriber 22, 2016. Ma ‘Hofinan seo contacted Jaon Pollock withthe same cancers.2, a. 2 2. oo. a1 Corsespondences from Ms. Hofman to Mr. Audzise and Me Pollock ate attached as Seed "K to this Appeal Despite repeated ell ad eats to the PNC and Pasty Headusters, Ma. Michael was not rate an interview wit the PNC until November 2, 2016 a 5:30 pm, by conference el (Gn the conference el, Party President Rick Dykatm advised Ms. Michal thatthe PNC ‘would decide on her contstaney and not he within 24 hous. Correspondence fom Logan Bugeja to Ms. Micha is attached as Schedule “L? to thie Appeal Ms, Michiel did not reoive any noseaton by November 23, 216. On November 24, 2016, Ms, Michael began making ells to the PNC and Paty lendguacters for conSmation other tts as contest Correspondence hetween Ms, Michacl, Me, Dykstta and Executive Director Bob Stanly is attached ax Schedule "M0 to this Appeal. Ms. Michiel recdved notice on November 25, 2016, at about G00 pam, that the PNC had approved her as « Qualified Contestant, nd the recived the Membership List about one- Ini hour late, leaving her no time to organize o contact the moee than 900 members on the List. Thi list ls cd not contin e-mail adresses for the members. When M6, Michael ‘led for the email ace, Ken Audsis advised Mo, Michael that she di not require these email addresses, Corsespondences between Ms. Michael and Me. Audziss are attached as Schedule “=N” to this Appeal. [Ms Michel ws plied at an inuumoustable disdrantage in er ability to promote her ‘ancidacy to the Riding Assocation membership ae she had not even been approved a8 ‘Qualified Contestne fortwo weeks after the eligible Membership List had been finalized. NOMINATION MEETING “The Nomination Meeting ll atthe Holiday Ina and Confeence Cente in Baington on [November 26, 201, failed to met the stnards neessry to be considered open, public snd democrat ia many respects. “The som selects a the Holiday Tnn was not lage enough to accommodate dhe number of| attendees, many of wm had stand in the hl dating the contestant’ speeches (Ms, MeKennas table was set up dec in font of the entrance t0 dhe main soom, retcting aces othe coon, na lation that col be mistaken for an official epjstration te [No central registration table oe wots o sign in was setup 0 that voters hd to Bind out at ‘the voting tables whether het ames wore onthe at, ding to delay in verijng igity Consistent procedures for veiling eligity to vote were not followed, Several persons ‘who were noton thelist were permite to vote without proving proof of membserhip oteat as requiced under Schedles A and B of the Rules afer being vouched foe by family meter ot fiends 32, One elected member of the Halton Catholic Distice School Board, Susn Tits, was fs pernition to vote despite presenting valid ideation 38, Several voters cried by Ms. Michael (Ana Bans, Is Cook, Jeremy Jones, Jean Glass Ronald Glass, Phal McNay) were advised tht ther memberships bad not been processed although paid and submited to patsy hesdguares. Two ofthese votes Qean Ghss and Ronald Gis) had ad their ‘membenhips and teow delved peowialy Uo pasty eater by Bl Brown, Seeretary ofthe Riding Assocation, 14. Voters whose identity or proof of membership was challenged atthe main voting ables _were permite to vote atthe conf table ypan beng approved without the fact that they had lea voted bing communicated back othe cess a the main voting tbls, leaving it ‘pen for these voters to vot twice 135, Ballots were left unguande when a least one ofthe ces left his table 1o greet people 36, Unaeed ballots were left onthe tables atthe lose of ving and not collected when the serutness eft the main room, 537. Atleast one person was pemitted to wot after Me. Dyin ordered voting closed at 12:00 pi, [38 The soom ia which ballots were counted was not secured, Scrtineess and ether persons |were permite to ener an exit ie a the votes were being counted, potently lenving, foe or both contestants without suflient or any reiners at allies during the vote 39. No woe utes wete related when Ma. McKenna’ victory was announced. Pasty President Rick Dylaten, as Chat of the Election Mestng, refused to give any Sgures despite the requests from the voters forthe figaes. One ekety geneman, Roy Cummings, who requested the vote totals fom dhe hoor was loudly berated and ewor a by Ken Zee and ‘hod if he woul “ket take this outside." This confrontation hasbeen recorded on ide. 40. Seve Riding Associnton Hous Members ake forthe figures ezeetly and were sfused. “41 Ms: Michal asked forthe Rguees thee times an wat efsed, 42, The only information about the vote Ggures—that Mo, McKenna hed received 41 mote votes than Ms Michacl—wat relayed nly by indvials who would not identify themselves torte nourse oF the infomation RELIEF REQUESTED 43, As the nomination proces and election has boon tainted by numerous beeaches of the Nomination Reles at the Patty Constitution, thus bing the Paty into depute, the Appellants request hat ‘eating be held before the Provincial Nomination Commitee parson to Rule 217; 1b new Nomination Procets be held under supervision of the Bose of Appeal pursuant to Rule 219, andpending the resolution of the heating under Rele 27, Jene McKenna be enjoined. fom holding herself out a the ly nominated candidate fo Burington and be farther enjoined from conducting any campaigning of Fundeabing actsty asthe nominated candidate for Burlington. ALL OF WHICH IS RESPECTFULLY SUBMITTED THIS 5 DAY OF NOVEMBER, 2m Yours Colla CG, Pye ‘Meenbeeship Chaie Darlington Progsesive Consctrative Riding Assocation