Dalton McGuinty’s former chief of staff has been found guilty in the gas plants trial. 
At the end of a five-hour ruling read aloud, Justice Timothy Lipson said in a downtown Toronto courtroom: “I find Mr. Livingston guilty on both counts.”
David Livingston, a former TD Bank executive who was McGuinty’s chief of staff was convicted of two charges: attempted mischief relating to data and unauthorized access of a computer. An earlier breach of trust charge had been dropped by the Crown. 
A sentencing hearing is scheduled for February 26. Livingston faces up to 10 years in prison, although no one in Ontario has received the maximum sentence for his charges. 
"I think it's fair to say Mr. Livingston is disappointed," said Livingston defence attorney Brian Gover in a media scrum following the verdict.
His defence team kept open the right to appeal.
"I will say that we will be carefully reviewing his honour's decision. As you know it was a lengthy one. It will take some time to review it," the lawyer added.
Gover said that at a sentencing hearing the defence would fight any prison time, citing his previously "unblemished," record and his history in the top echelons of business and public service. Instead, he said the defence team would recommend a fine or probation rather than a custodial sentence.
While Livingston was found guilty, deputy chief of staff Laura Miller was found not guilty of the same two charges.   
“I am left with a reasonable doubt,”  Lipson stated, drawing a distinction between Livingston's "dishonest" actions and the lack of concrete evidence of Miller's motivations. “The charges against Ms. Miller are dismissed.” The judge noted  that Miller was not in the room for some of the most important meetings in the events that led to wiping of 20 computers in January and February 2013. 
"It's been a long and very difficult process for Laura," said Miller defence attorney Scott Hutchison. "She's gratified to be able to move on with her life."
Hutchison added that Miller will take some time for herself before doing so, but that she intends to return to public life in Canada.
<h3>The Ruling</h3>
Lipson's ruling was often scathing and regularly expressed skepticism at defence arguments that he found unlikely or disingenous.
Lipson's analysis of the available evidence determined Livingston showed “obvious disdain” for the power of a house standing committee to request records and a “marked interest” in how to permanently delete emails. Lipson added that  Livingston did not receive “informed consent” from senior staffers who had their computers wiped, and the argument that he was solely interested in wiping personal data, such as family photos and personal résumés was “simply implausible.”
It was clear, Lipson stated, that Livingston had deceived the province's top civil servant in order to delete computer records that he could reasonably infer were responsive to future freedom of information requests, including those related to the gas plants.
Through a statement, Kathleen Wynne's office distanced itself from Livingston.
"This matter involved former staff to the former Premier. We’ve been clear from the start that this is not how anyone in government should operate, and it is not how a Premier’s Office should operate," wrote Jennifer Beaudry, a spokesperson for the premier's office.
"Upon coming into office, we introduced a number of significant measures to strengthen the document retention protocol and ensure that all staff are aware of their responsibilities."
The Crown had early challenges in the case that it had to overcome. In September, Lipson ruled that the Crown’s expert computer witness, retired OPP officer Robert Gagnon, could not testify as an expert free to give his opinion because he had been too involved in the investigation. 
When the defence moved for a directed verdict, such as the one successfully won in the Sudbury bribery trial, the Crown voluntarily withdrew what was seen as the most serious charge: breach of trust. Lipson reduced the charge of mischief related to data to attempted mischief related to data. 
The defence appeared so confident in the lack of evidence presented by the Crown that neither Livingston’s nor Miller’s lawyers elected to call any evidence or witnesses. On Thursday, Livingston lawyer Brian Gover told QP Briefing that he was “cautiously optimistic” going into the verdict, and that he was looking forward to his client being able to put the long trial behind him. 
But the judge found that the arguments from some of Queen’s Park’s most senior civil servants at the time, including Peter Wallace, William Bromm, David Nicholl and Linda Jackson, were more credible and consistent. 
The verdict ends a long-running storyline related to the cancellation of gas plants in Oakville and Mississauga in 2010 and 2011. While all parties supported cancelling the gas plants before the 2011 election, opposition grew as costs associated with the decision escalated  $1.1 billion.
Following a preliminary contempt motion against then-energy minister Chris Bentley, McGuinty prorogued the house and announced his intention to resign. During the transition between the McGuinty and Wynne governments, Livingston and Miller arranged to hire Miller’s partner Peter Faist to wipe government computers. 
Livingston and Miller maintained they were trying to comply with internal records policies and protect potential political party documents on the computers. Through their lawyers, they also argued that they did not trust the government IT team to do an adequate job. The Crown argued that the two former top staffers went to extraordinary lengths to try and hide any records from future freedom of information requests, or requests from the House.
The verdict also serves as a bookend to a pitched political debate over the gas plants that has endured for the past eight years. While all three parties initially supported cancelling the gas plants, following Friday's verdict the PCs and NDP condemned the Liberals' handling of the file.
"I think that people will understand the Liberals do things only for the Liberals, and not for the people of Ontario," said PC MPP Vic Fedeli.
NDP MPP Peter Tabuns reiterated some of the same themes.
"I don't think [the verdict] actually changes peoples' sense of this government. We have a sense of the Liberal government, the Liberal party will do anything at any price to protect their seats, to protect themselves."

David Livingston found guilty on both charges in gas plants trial

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