Metro Vancouver says Stewart shifted blame after data breach

Metro Vancouver says Coquitlam Mayor Richard Stewart was responsible for the misuse of his login credentials in a 2022 data breach, according to the regional government’s recently filed response to his civil claim. Stewart alleges he lost income and suffered reputational damage after he was defamed during the investigation.

The breach occurred while Metro Vancouver was preparing to terminate Acciona’s contract to build the North Shore Wastewater Treatment Plant. Metro says Peter Steblin, Coquitlam’s now-retired city manager, used Stewart’s credentials to access a confidential report. Steblin’s daughter, Anika Calder, who was also an Acciona employee, took cellphone photos of documents containing confidential information, including legal advice.

During Metro Vancouver’s investigation, Stewart relayed Steblin’s account that the report had been open on Steblin’s laptop on a kitchen table. Steblin said he stepped away for a few minutes to deal with his grandchildren, and Calder took the photos while he was away.

Metro Vancouver’s response describes the circumstances as suspicious, noting that the breach was committed by the city manager’s daughter during a critical period between Metro and Acciona. It says there was no explanation for why Steblin was reviewing the report at that time or why he was reviewing it at his daughter’s home.

The regional government also says Stewart failed to investigate the matter properly. It referred to his long-standing personal relationship with Steblin and, through that relationship, with Calder as a family friend. Metro says Stewart mentioned a complete review but did not subsequently tell it whether a review had been completed or what it found.

Rather than accepting responsibility for the breach, Metro says Stewart attempted to shift blame. In his claim, Stewart alleges a Metro official knowingly misrepresented that directors had long been briefed and assisted by their city staff. Metro’s response says Stewart nevertheless remained responsible for the use or misuse of his credentials.

Stewart says he learned in September 2022 that he was the focus of the investigation. About four months later, his personal lawyer sent a letter to counsel for Metro Vancouver and Acciona, partly responding to an affidavit from Metro Vancouver commissioner Jerry W. Dobrovolny.

Metro says Stewart appeared to believe the affidavit reflected badly on him and sought to ensure the record was complete and factually accurate. The response alleges that the letter disclosed further privileged and confidential information to Acciona’s counsel.

Metro says the letter led Dobrovolny to provide a second affidavit and Acciona to apply to cross-examine the commissioner, creating significant additional legal costs for the regional government. It alleges Stewart caused those issues and costs and disseminated confidential and privileged information, demonstrating a failure to appreciate the importance and severity of the breach of confidence in the context of a multi-billion-dollar lawsuit.

Metro Vancouver denies defaming Stewart or reaching erroneous conclusions. None of the allegations has been proven in court.