Metro Vancouver accuses Stewart of ‘shifting blame’ following data breach

Coquitlam Mayor Richard Stewart bears responsibility for the misuse of his login credentials that led to a 2022 data breach, according to Metro Vancouver.

The regional government recently filed a response to Stewart’s civil claim.

Stewart alleged he suffered loss of income and damage to his reputation after being defamed during an investigation into the 2022 breach, which happened as Metro Vancouver was preparing to terminate Acciona’s contract to build the the North Shore Wastewater Treatment Plant.

The breach was allegedly caused when Coquitlam’s now retired city manager Peter Steblin used Stewart’s credentials to access a confidential report. Steblin’s daughter Anika Calder – who was also an Acciona employee – took cellphone pictures of the documents, which contained confidential information including legal advice.

During Metro’s investigation, Stewart provided Steblin’s account, which was that the report was open on Steblin’s laptop on the kitchen table when the top city staffer stepped away for a few minutes to deal with his grandchildren. It was while he was away from the table that Calder took the photos.

The circumstances of the breach were suspicious, the response stated, noting the breach was committed by the daughter of Coquitlam’s city manager during a critical time between Metro and Acciona. There was also no explanation for why Steblin was reviewing the report at that time, nor “why he would review it in his daughter’s home,” according to the response.

Stewart failed to properly investigate, according to Metro Vancouver’s response, which referred to his: “long-standing personal relationship with Steblin, and through that relationship with Steblin’s daughter Calder, as a family friend.”

Stewart had mentioned a “complete review” of the breach, but “never provided Metro Vancouver with any subsequent communication regarding the outcome of any such review or even whether it had been done,” according to Metro Vancouver.

“Rather than taking accountability for the breach, Stewart began attempting to shift blame,” according to Metro’s response.

In Stewart’s claim, the Coquitlam mayor stated that a Metro official “knowingly misrepresented” the fact that it was a longstanding practice for directors to be briefed and assisted by their city staff.

In its response, Metro contended Stewart “remained responsible for the use or misuse of his login credentials.”

Stewart discovered he was the focus of the investigation in September 2022, according to his civil claim.

Approximately four months later, in what Metro Vancouver described as an “extraordinary turn of events,” Stewart had his personal lawyer send a letter to the respective counsels of Metro and Acciona.

The letter was partially in response to an affidavit provided by Metro Vancouver commissioner Jerry W. Dobrovolny.

“Stewart evidently felt that the Dobrovolny Affidavit painted him in a bad light, and took it upon himself to ostensibly ‘ensure a complete and factually accurate record,’” according to Metro’s response.

In the letter, Stewart “disclosed further privileged and confidential information to counsel for Acciona,” according to Metro.

The letter resulted in Dobrovolny making a second affidavit and Acciona bringing an application to cross-examine the commissioner, “all at significant additional legal cost to Metro Vancouver,” the response stated.

“Stewart caused those issues and costs, and disseminated confidential and privileged information,” the response stated. “Stewart’s actions demonstrate a failure to appreciate the importance and severity of the underlying issue of the breach of confidence that occurred in the context of a multi-billion-dollar lawsuit.”

Metro denies any defamation of Stewart nor reaching any “erroneous conclusions.”

None of the allegations have been proved in court.