Breaking two days of silence on a libel notice from Premier Kathleen Wynne, Progressive Conservative Leader Tim Hudak says he won’t “back down” on comments about her involvement in the $1.1-billion gas plants scandal.

“They’re not going to silence us,” he said Sunday. “We’re not going to back down. Of course not.”

Hudak was responding to a libel notice served Friday by Wynne’s lawyer over comments he made that “she oversaw and possibly ordered the criminal destruction of documents.”

His remarks came after Ontario Provincial Police revealed they are investigating former premier Dalton McGuinty’s last chief of staff, David Livingston, for breach of trust.

Police allege Livingston got a non-government computer expert to wipe clean computer hard drives in the premier’s office using a special password that was in effect from Feb. 6 to March 20 of 2013, in the dying days of the McGuinty era and first few weeks of the Wynne administration.

The allegations have not been tested in court and Livingston has denied any wrongdoing.

Wynne has said Hudak’s comments are false and “defamatory” because there are no police allegations specifically about her.

Police have said it is possible that hard drives were wiped after she came to power Feb. 11, 2013. A forensic examination is underway to determine that, and a detective has warned it could take “many months” for results.

“I wish ‎Kathleen Wynne would spend as much time thinking about creating jobs as she is spending time with lawyers,” Hudak said on Newstalk1010 radio.

“Whether she likes this or not, this leads directly to the office of Kathleen Wynne,” he said of the scandal, which has dogged the Liberals since McGuinty scrapped gas-fired power plants in Oakville and Mississauga before the 2011 election to save the seats of five area Liberal MPPs.

‎That election reduced the Liberals to a minority. Wynne is now hoping the New Democrats will allow her upcoming spring budget to pass, averting the spring election Hudak wants.

The Tory leader said he will keep pressing the Liberals on deleted emails in a police probe prompted by complaints from two of his MPPS, who were concerned that a legislative committee investigating the scandal was not being shown all emails on it, as required, from the offices of McGuinty and former energy minister Chris Bentley.

“We’re ‎not going to be part of the coverup,” Hudak said. “We’re going to hold them to account.

Police allege two of 24 computer hard drives seized from the premier’s office were wiped by Peter Faist, the computer expert boyfriend of Livingston’s former deputy, Laura Miller, who is now executive director of the British Columbia Liberal Party.

Faist has, through his lawyer, denied any wrongdoing. MPPs have called him to testify before the legislative committee probing the scandal but no date has been set for his appearance.

The NDP said the brewing legal battle between Wynne and Hudak should not sidetrack voters.

“The squabble between Hudak and Wynne should not distract from the fact there was an attempt to cover up the $1-billion Liberal gas plant scandal. New Democrats intend to get to the bottom of this scandal and get answers for people,” said NDP House Leader Gilles Bisson.

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Despite saying she was “quite shocked” by the police allegations, NDP Leader Andrea Horwath said she has not decided whether to join with the Conservatives in defeating a spring budget, a move that would likely send Ontarians to the polls in late June.

Hudak and other Conservatives have repeatedly urged Horwath to stop propping up a “corrupt” Liberal government.

In the past two years, New Democrats have allowed budgets to pass in exchange for measures like a wealth surtax and lower car insurance rates.

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