In January 2023, the Ontario Public Service Employees Union (OPSEU/SEFPO) commenced a lawsuit in Ontario Superior Court against three former officials: Warren Clifford Thomas (former President, known as "Smokey"), Eduardo Almeida (former First Vice-President/Treasurer), and Maurice Gabay (former Administrator, Financial Services). OPSEU is seeking recovery of more than $6 million in funds it alleges were misappropriated. That lawsuit has since grown into a cluster of related actions — including a $24 million vendor kickbacks action, an Ottawa property scheme, and proceedings against a union lawyer found in contempt of court — with total alleged misconduct now running into the tens of millions of dollars.
Since then, the litigation has grown significantly. A second action has been consolidated with the main case. A lawyer who facilitated transactions at the centre of the dispute was found in contempt of court. A former executive assistant has filed a separate application alleging sexual harassment under the former leadership. Examinations for discovery of all key parties are now scheduled across 2026 before Justice Koehnen of the Ontario Superior Court.
This site compiles key facts from public court records for OPSEU's approximately 180,000 members.
The Money OPSEU Is Trying to Recover
OPSEU's Statement of Claim sets out specific dollar amounts it alleges were improperly taken. These are allegations — all defendants deny them.
OPSEU also seeks $500,000 in punitive damages against each defendant, plus investigation costs, pre- and post-judgment interest, and a tracing order into the defendants' financial accounts and assets.
Specific amounts alleged in the Statement of Claim
| Category | Thomas | Almeida |
|---|---|---|
| Lieu days (2017–2022) | $399,472 | $281,275 |
| Compensating days | $88,875 (2010–2022) | $79,681 (2011–2022) |
| Vacation cash-out | $261,183 (2010–2022) | $182,035 (2011–2022) |
| Signing bonuses (2017) | $9,600 (shared) | |
| Credit card charges (2019–2022) | $136,015 | $1,361,716 incl. $15,500 cash advance |
| Improvident settlement (March 2022) | $500,000 + vehicle | $500,000 + vehicle |
The $670,000 in cash from the Strike Fund
OPSEU alleges that from 2014 to 2020, $670,000 was withdrawn in cash from the Strike Fund — a reserve protected by the Constitution for strikes and lockouts only — with no documentation of purpose. In some years, there was no active strike or lockout.
| Date | Amount | Cash picked up by | Authorized by |
|---|---|---|---|
| May 2014 | $50,000 | Almeida | Gabay + employee |
| Dec 2014 | $50,000 | Almeida | Thomas + Gabay |
| Jun 2015 | $50,000 | Gabay | Thomas + Almeida |
| Sep 2015 | $30,000 | Gabay | Thomas + Almeida |
| Nov 2015 | $50,000 | Gabay | Thomas + Almeida |
| Jan 2016 | $30,000 | Gabay | Thomas + Almeida |
| Aug 2016 | $50,000 | Gabay | Thomas + Almeida |
| Jun 2017 | $50,000 | Gabay | Thomas + Almeida |
| Sep 2017 | $70,000 | Gabay | Thomas + Almeida |
| Oct 2017 | $70,000 | Gabay | Thomas + Almeida |
| Jul 2018 | $20,000 | Gabay | Thomas + Almeida |
| Aug 2018 (×3) | $50,000 | Almeida | Thomas + Almeida |
| Nov 2019 | $50,000 | Gabay | Thomas + Almeida |
| Mar 2020 | $50,000 | Gabay | Thomas + Almeida |
| Total | $670,000 | No supporting documentation for any withdrawal | |
Union vehicles transferred to Thomas and his family
OPSEU alleges six vehicles were transferred to Thomas, his spouse Valerie, or his child Danny — without Executive Board authorization and for no consideration. These included a 2021 Jeep Grand Cherokee Overland (purchased by the union for $97,417), transferred to Thomas in March 2022 — the same month as his $500,000 settlement. A 2018 Dodge Challenger SRT Hellcat (purchased for $91,585) was transferred to Almeida in November 2018.
Who Is Involved
Warren Clifford Thomas ("Smokey")
DefendantFormer President for seven terms — 15 years — from 2007 to April 2022. As President, Thomas was Chief Executive Officer of the Union, its chief spokesperson, and responsible for ensuring dues were spent for legitimate trade union purposes. He announced retirement in December 2021 and did not run for re-election. In September 2025, he filed an Amended Statement of Defence and Counterclaim, characterizing the lawsuit as politically motivated and naming JP Hornick and Laurie Nancekivell as defendants by counterclaim.
Eduardo Almeida ("Eddy")
DefendantFormer First Vice-President and Treasurer (FVPT) for five terms from 2011 to April 2022. As FVPT, Almeida served as the Union's Chief Financial Administrative Officer — responsible for all monies, financial accountability policies, and reporting to the Executive Board. He was defeated by Laurie Nancekivell in the April 2022 convention vote. His counterclaim seeks $5 million in general damages from OPSEU.
Maurice Gabay
DefendantFormer Administrator, Financial Services Division from 2015 until April 2022. Responsible for all aspects of financial operations including accounting, payroll, IT, and the vehicles fleet. Reported to Almeida. Terminated without cause twelve days after new leadership took office. Seeking enforcement of his Memorandum of Settlement by counterclaim.
Mark Mendl / Mark Mendl Law Professional Corporation
Found in Contempt of CourtA lawyer retained by OPSEU under the former administration. Court records confirm OPSEU paid $3.7 million into Mendl's trust account in the final four months of the Thomas administration: $450,000 (Dec 2021), $450,000 (Jan 2022), $500,000 (Mar 2022), and $2,300,000 (Apr 1, 2022). OPSEU sought recovery of its client files. Justice Chalmers ordered production in August 2023 ($60,000 costs). Mendl did not comply. Justice Callaghan found Mendl in contempt on April 3, 2024. As of November 2024, over $69,000 in court-ordered costs remain unpaid.
Linda Mariani
Applicant — Separate ProceedingFormer Executive Assistant to President Thomas (2020–2022). In December 2024, Mariani filed a court application asserting she experienced sustained sexual harassment from a fellow executive assistant between 2018 and 2022. She alleges she reported the harassment to Thomas and Almeida in April 2021; that Thomas disclosed her complaints to the harasser, causing the harassment to escalate; and that Thomas specifically instructed her not to file a formal written complaint. In April 2022, she accepted a $500,000 settlement negotiated through Thomas and Mendl and signed a confidentiality agreement. She now seeks a court declaration that the current OPSEU administration is bound by that settlement.
What OPSEU Alleges
The following summarizes OPSEU's Statement of Claim. These are allegations. The defendants deny them.
| Category | Summary | Respondents |
|---|---|---|
| Improper compensation | Lieu days, compensating days, vacation cash-out, and signing bonuses paid to Thomas and Almeida as elected officers, to which they were allegedly not entitled. Total: over $1.2 million. | Thomas, Almeida, Gabay |
| Credit card misuse | Almeida charged $1,361,716 on a union credit card 2019–2022, alleged to lack documentation of legitimate business purposes. | Thomas, Almeida, Gabay |
| Vehicle transfers | Nine union vehicles transferred to Thomas (and family), Almeida, and a person connected to Gabay — alleged to be without authorization or consideration. | Thomas, Almeida, Gabay |
| Strike fund cash | $670,000 withdrawn in cash from the protected Strike Fund over six years, with no documented legitimate purpose. No active strike in several withdrawal years. | Thomas, Almeida, Gabay |
| Improvident settlements | In March 2022, Thomas and Almeida allegedly arranged $500,000 settlements for themselves each plus vehicle transfers, without Executive Board authorization. | Thomas, Almeida |
| Audit obstruction | After the Board voted to commission a forensic audit in January 2022, OPSEU alleges the defendants took steps to delay the process until after the April 2022 convention. | Thomas, Almeida, Gabay |
| Conspiracy | OPSEU alleges the three defendants conspired and colluded with one another to carry out the above schemes for their own benefit at the union's expense. | All three |
"The defendants have breached their duties to OPSEU/SEFPO. They abused the power and authority that the Union's membership bestowed upon them and violated the trust that the Union's membership placed in them year after year, election after election."
— OPSEU Statement of Claim, January 16, 2023Thomas's position
In his September 2025 Amended Statement of Defence, Thomas characterizes the lawsuit as politically motivated. He alleges JP Hornick and Laurie Nancekivell led a "Politicized Faction" that pressured him for years to endorse the Ontario NDP — pressure he consistently refused. He denies the core financial allegations and states that all transactions he personally authorized were appropriate and in accordance with his obligations to the union.
Key Dates
Thomas and Almeida administration
Warren (Smokey) Thomas serves as President for 15 years; Eduardo Almeida as First Vice-President/Treasurer for 11 years. Maurice Gabay joins as accountant (2008), becomes Administrator of Financial Services (2015).
$670,000 in cash withdrawn from Strike Fund
16 separate cash withdrawals totalling $670,000, OPSEU alleges, with no documentation and no documented strike-related purpose.
Thomas announces retirement; forensic audit tabled
Thomas announces he will not seek re-election. The Board tables discussion of a forensic audit after concerns about financial disclosure. $450,000 paid into Mendl's trust December 8, 2021.
Forensic audit resolution passed; $450,000 to Mendl
Executive Board votes to commission a forensic audit. $450,000 paid into Mendl's trust January 11, 2022. OPSEU later alleges defendants took steps to obstruct the RFP process.
Improvident settlements; $500,000 to Mendl; Jeep transferred
Thomas and Almeida each receive $500,000 settlements plus vehicle transfers, authorized by neither the Executive Board nor General Counsel, OPSEU alleges. Thomas's harassment complaint is withdrawn. $500,000 paid into Mendl's trust March 9, 2022. A 2021 Jeep Grand Cherokee Overland (purchased for $97,417) transferred to Thomas.
Mariani settlement signed; $2.3 million to Mendl
Linda Mariani signs a $500,000 sexual harassment settlement and confidentiality agreement, negotiated through Thomas and Mendl. On the same day, $2,300,000 is paid into Mendl's trust account.
New leadership elected
JP Hornick elected President; Laurie Nancekivell elected First Vice-President/Treasurer, defeating Almeida. Thomas's 15-year presidency ends.
Gabay terminated without cause
Twelve days after new leadership takes office, OPSEU terminates Gabay's employment. A Memorandum of Settlement is negotiated, which OPSEU later seeks to rescind.
Main lawsuit filed
OPSEU files its Statement of Claim against Thomas, Almeida, and Gabay. Court File No. CV-23-00692973-0000 opened at Toronto Superior Court.
Justice Chalmers orders Mendl to produce records
OPSEU's application granted. Mendl ordered to deliver client file and financial records within 15 days. $60,000 costs awarded. Mendl does not comply.
Mendl found in contempt of court
Justice Callaghan finds Mark Mendl in contempt for failure to comply with Justice Chalmers' order. Penalty phase proceeds. Over $69,000 in costs remain outstanding as of November 2024.
Motion scheduled re: amended claim and consolidation
Associate Justice Josefo schedules a motion for May 16, 2025 on OPSEU's request to add Linda Mariani as a defendant and consolidate the main action with a second action.
Actions consolidated by court order
Associate Justice Josefo orders the main action and the Vendor Action (CV-24-00717718) consolidated with common discovery, mediation, and pre-trial.
Mariani files court application
Linda Mariani files her Notice of Application (CV-24-00732379) seeking a declaration that her April 2022 settlement is valid and binding on the current OPSEU leadership.
Thomas files Amended Statement of Defence
Thomas files his Amended Statement of Defence and Counterclaim, expanding his political motivation argument and updating his response to OPSEU's amended claim.
Justice Koehnen sets discovery schedule through August 2026
Justice Koehnen issues an endorsement setting examination for discovery dates across three consolidated actions. Thomas examined May 4–5; Almeida May 6–8; Gabay May 11–12. The court directed that there shall in principle be no refusals on discovery other than privilege — all witnesses must answer questions, with admissibility to be determined later.
Filed Documents
- Statement of Claim — OPSEU v. Thomas, Almeida and GabayPlaintiff: OPSEU/SEFPO. Court File: CV-23-00692973-0000Issued: January 16, 2023
- Notice of Intent to Defend — Warren Clifford ThomasCounsel: Massey LLPFiled: January 30, 2023
- Statement of Defence, Crossclaim and Counterclaim — Maurice GabayCounsel: Rudner LawFiled: March 24, 2023
- Statement of Defence and Counterclaim — Eduardo AlmeidaCounsel: The Barristers GroupFiled: April 5, 2023
- Plaintiff's Reply and Defence to Counterclaim of Maurice GabayCounsel: Paliare RolandFiled: May 16, 2023
- Plaintiff's Reply to Statement of Defence and Counterclaim of Warren ThomasCounsel: Paliare RolandFiled: October 5, 2023
- Plaintiff's Reply and Defence to Counterclaim of Eduardo AlmeidaCounsel: Paliare RolandFiled: November 3, 2023
- Order — Justice Chalmers (Mendl Records Application)Orders Mendl to produce OPSEU client file; $60,000 costs awarded. File: CV-23-00694377August 29, 2023
- Endorsement — April 18, 2024Court File: CV-23-00692973-0000April 18, 2024
- Order and Endorsement — Associate Justice WiebeCourt File: CV-23-00692973-0000September 25, 2024
- Affidavit of Mariam Moktar — Contempt Penalty Phase re: MendlDocuments $69,000+ outstanding costs against Mendl. File: CV-23-00694377Affirmed: November 18, 2024
- Notice of Application — Linda Mariani v. OPSEUSexual harassment settlement claim. Court File: CV-24-00732379-0000Filed: December 2, 2024
- Endorsement — Associate Justice Josefo (Consolidation)Schedules motion on amended claim and consolidationJanuary 13, 2025
- Order — Associate Justice Josefo (Consolidation granted)CV-23-00692973 and CV-24-00717718 consolidatedFebruary 2025
- Amended Statement of Defence and Counterclaim — Warren Clifford Thomas NewCounsel: Massey LLP (Portman, Cheung). File: CV-23-00692973-0000September 25, 2025
- Civil Endorsement — Justice Koehnen (Discovery Directions) NewSets discovery schedule across three actions through August 2026. File: CV-23-00696377-0000February 27, 2026
All documents are public court records available through Ontario Superior Court of Justice, Toronto. Primary file: CV-23-00692973-0000.
The Kickbacks and Property Scheme — A Separate $30 Million Lawsuit
Beyond the main compensation and misappropriation lawsuit, OPSEU has filed two additional lawsuits alleging that former executives orchestrated elaborate schemes using union vendors and property. These are now consolidated with the main action and proceeding to discovery together. All allegations are denied by the defendants and unproven in court.
The kickbacks lawsuit — $24 million
In March 2023, OPSEU filed a separate $24 million lawsuit against Almeida, Gabay, and a third union employee, Stephen Ward. The lawsuit alleges the three men conspired to award union maintenance, security, and marketing contracts to companies in which they personally held financial interests — and then received kickbacks from those vendors. OPSEU alleges they concealed their shareholdings in these companies from the union, in breach of its conflict-of-interest rules.
One example: between 2019 and 2022, a security company called Marquis Protection Services Inc. was awarded OPSEU contracts. According to the lawsuit, Ward received at least $55,000 in alleged kickbacks from Marquis, plus $20,000 in dividends as a shareholder. Almeida and Gabay were also shareholders — none of them disclosed this to OPSEU. The lawsuit alleges the three conspired to manipulate OPSEU's tendering process to direct contracts exclusively to Marquis and at least five other companies with similar hidden ownership ties. OPSEU alleges these schemes involved at least six vendor companies and cost the union approximately $30 million in total.
To conceal the schemes and circumvent OPSEU's policy requiring executive board approval for invoices over $50,000, the lawsuit alleges Gabay, Almeida, and Ward structured payments to stay under the threshold.
The Ottawa property scheme
In July 2023, OPSEU filed a further lawsuit alleging that Almeida, Gabay, and an associate named Sava Gambiroza orchestrated a scheme involving the union's Ottawa regional office. OPSEU had been a tenant in the building for years and had expressed interest in purchasing it. When the lease was expiring, rather than presenting the purchase opportunity to the Executive Board, Gabay allegedly told the real estate agent the union was not interested — and that "private investors" wanted to buy it instead.
In May 2019, Gabay submitted a purchase proposal on behalf of a company called JG Design, with Gambiroza signing the letter of intent. When asked if JG Design had any connection to OPSEU, Gabay said no. OPSEU alleges it has since learned the deposits and down payment for the property — totalling $684,000 — actually came from union funds. A new company, 2525 Real Estate Holdings (with Gambiroza as sole director and Almeida and Gabay as indirect owners), eventually purchased the building for $2.56 million.
OPSEU then continued paying rent to its new landlord — 2525 Real Estate Holdings — without knowing the company had ties to Gabay and Almeida. Monthly rent ballooned from $11,153 to $20,030. Between 2019 and 2023, the union paid $1.1 million in rent to the company. Meanwhile, JG Design billed OPSEU approximately $1.6 million for consulting services OPSEU alleges were not legitimate. OPSEU is seeking recovery of losses it claims amount to more than $1.5 million from this scheme alone.
Reporting on the Case
The following are the key news stories covering this matter, reported by CBC, the Globe and Mail, CTV, and Global News. All allegations reported in these stories remain unproven in court.
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OPSEU suing Warren 'Smokey' Thomas, 2 other former execs for more than $6M in damages CBC News — The original breaking story. Covers the full Statement of Claim and OPSEU president JP Hornick's statement to members. January 17, 2023
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Former union leaders transferred funds to enrich themselves, OPSEU suit claims The Globe and Mail — Detailed breakdown of the specific dollar amounts alleged, vehicle transfers, and strike fund withdrawals. January 17, 2023
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OPSEU files lawsuit alleging financial improprieties against 3 former execs Global News — Covers the lawsuit filing and the union's statement to members. January 17, 2023
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Warren (Smokey) Thomas' lawyers respond to OPSEU lawsuit, which they say is 'bogus' CTV News — Thomas's lawyers characterize the claims as "riddled with errors, falsehoods and untrue allegations." January 2023
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Lawyer withholding financial documents needed for audit, OPSEU alleges The Globe and Mail — Early reporting on the Mendl document dispute and the $3.2 million paid into his trust account. February 27, 2023
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OPSEU's former president Warren 'Smokey' Thomas countersues union, leadership CBC News — Thomas files his counterclaim alleging a "nasty, political campaign" and seeking $5.5 million in damages. OPSEU calls his defence "fiction at best." March 6, 2023
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Former OPSEU president Warren (Smokey) Thomas alleges 'nasty, political campaign' against him in lawsuit defence The Globe and Mail — Detailed coverage of Thomas's statement of defence including the "Politicized Faction" allegation and the Ford minimum wage press conference. March 6, 2023
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Former OPSEU vice-president countersues union, denies breaching any fiduciary duty CBC News — Almeida files his counterclaim, denying fiduciary breach and citing his role as a "political figurehead." April 6, 2023
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Former executives took kickbacks, OPSEU alleges in lawsuit The Globe and Mail — The $24 million vendor kickbacks lawsuit. Alleges Almeida, Gabay, and Ward held secret shareholdings in vendor companies and received payments from them. March 2023
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OPSEU accuses former executives of orchestrating elaborate property-related scheme using union funds The Globe and Mail — The Ottawa office property scheme. Alleges Almeida and Gabay used union funds to secretly purchase the building OPSEU was renting, then charged the union inflated rent. July 1, 2023
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Former lawyer for OPSEU jailed after contempt of court ruling The Globe and Mail — Mark Mendl jailed for contempt after refusing to produce OPSEU's client files. OPSEU alleges the $3.7 million paid to Mendl's trust was disbursed to former executives and deposited in a personal account Mendl holds with his spouse. June 1, 2024
Frequently Asked Questions
Is this a vendetta by the current OPSEU leadership?
Thomas' defence characterizes the lawsuit as politically motivated, alleging Hornick and Nancekivell led a faction that pressured him for years to endorse the Ontario NDP. OPSEU's filings directly deny this. Critically, the forensic audit was voted on by the full Executive Board in January 2022 — three months before the April 2022 convention and before the outcome was known — by a vote of 12 Board members. The Board as a whole initiated the process. Courts do not dismiss lawsuits based on political motivation claims alone; the evidence developed through discovery will be tested at trial.
What happened to the $3.7 million paid to a lawyer?
Court records confirm $3.7 million was paid from OPSEU's funds into lawyer Mark Mendl's trust account in the final four months of the Thomas administration. When the current leadership sought to recover OPSEU's client files and understand what those funds were used for, Mendl refused. Justice Chalmers ordered him to produce the records. When he still refused, Justice Callaghan found him in contempt of court. As of November 2024, over $69,000 in court-ordered costs against Mendl remain unpaid. What happened to those funds is among the questions that examinations for discovery in 2026 are expected to address under oath.
What is the sexual harassment claim about?
Linda Mariani, Executive Assistant to President Thomas from 2020–2022, filed a court application in December 2024 alleging sustained sexual harassment at OPSEU over four years. Her filing alleges she reported the harassment to Thomas and Almeida, that Thomas disclosed her complaint to the harasser causing the behaviour to escalate, and that Thomas instructed her not to file a formal complaint. In April 2022, she accepted a $500,000 settlement negotiated through Thomas and lawyer Mark Mendl. She now seeks a court declaration confirming the settlement is binding on OPSEU's current leadership.
What happens next?
Justice Koehnen's February 2026 endorsement sets examination for discovery of all key parties from April through August 2026 — including Thomas (May 4–5), Almeida (May 6–8), and Gabay (May 11–12). The court directed that there will in principle be no refusals on discovery other than for privilege, meaning all witnesses must answer questions under oath. After discoveries, the case would proceed through mediation, pre-trial, and eventually trial. Given the complexity of multiple consolidated actions, trial remains years away — but sworn testimony from all key figures is imminent.
Have any allegations been proven?
No findings of fact have been made against Thomas, Almeida, or Gabay on the substantive claims. The exception is the contempt finding against lawyer Mark Mendl — that is a procedural finding about his failure to comply with a court order. All three defendants deny the core allegations. The case will be tested at trial.
Where can I read the actual court documents?
All documents described on this site are public records available at Ontario Superior Court of Justice in Toronto. Primary court file: CV-23-00692973-0000. Related files: CV-23-00694377 (Mendl), CV-24-00732379 (Mariani), CV-24-00717718 (Vendor Action), CV-23-00696377 (Ottawa Action).