Rob Ford out as Toronto mayor over conflict of interest case

Natalie Alcoba | Nov 26, 2012 10:42 AM ET | Last Updated: Nov 26, 2012 11:23 AM ET
More from Natalie Alcoba | @NPHallMonitor

Darren Calabrese/National Post Mayor Rob Ford is escorted into court by a court officer during a $6-million defamation case against the mayor in Toronto Friday, November 16, 2012.

 

An Ontario judge has given Toronto Mayor Rob Ford 14 days to vacate his seat.
Mr. Ford contravened the municipal conflict of interest act when he spoke and voted on a matter in which he had pecuniary interest at a city council meeting in February.

“Accordingly, I declare the seat of the respondent Robert Ford on Toronto city council, vacant,” wrote Justice Charles Hackland.

“In view of the significant mitigating circumstances surround the respondent’s actions …. I decline to impose any further disqualification from holding office beyond the current term.”

Given the impact on the City of Toronto, the judge ruled that “the operation of this declaration shall be suspended for a period of 14 days from the release of these reasons.”

Mr. Hackland also said the mayor’s actions were “characterized by ignorance of the law and a lack of diligence in securing professional advice” which he said amounted to “willful blindness” on the part of Mr. Ford. “In view if the respondent’s leadership role in ensuring integrity in municipal government, it is difficult to accept an error in judgment defence based essentially on a stubborn sense of entitlement (concerning his football foundation) and a dismissive and confrontational attitude to the Integrity Commissioner and the Code of Conduct,” the judge wrote in his 24 page judgment.

The ruling throws Toronto’s fractious political landscape into upheaval. The mayor’s lawyer could appeal and request a stay of the order so can remain in office until another court rules. Otherwise, city council would declare the seat vacant and within 60 days decide whether to appoint a new mayor — and the City of Toronto Act states that anyone can apply — or hold a by-election.

The case centred on Mr. Ford’s participation in a debate and a vote regarding his own failure to reimburse $3,150 in donations to his private football foundation. The city’s integrity commissioner ruled that Mr. Ford improperly solicited donations from registered lobbyists and a company that had dealings with the city. Council initially asked him to repay the funds, but he did not, prompting the February vote.

A Toronto resident named Paul Magder brought the lawsuit against the mayor. He was represented by prominent Toronto litigator Clayton Ruby, who argued Mr. Ford clearly violated the act and should not only be ousted, but also banned from running again for seven years. Mr. Ford, meantime, testified he believes a conflict of interest only arises when both the city and himself benefit from a decision — and the city, he told the court, gleaned no such benefit.

Mr. Ruby’s office will hold a press conference at 11:30 a.m. today.

He often breaks the rules and gets away with it. Well this time he didn’t… Sometimes he’s stubborn and pig-headed and this is where he’s landed himself because of it

Mr. Ruby attacked the mayor’s “peculiar” understanding of the law and suggested it is “not believable” coming from someone who has been on council for a dozen years. Alan Lenczner, Mr. Ford’s seasoned litigator, countered that it does not make sense that a councillor would not be able to weigh in on an integrity commissioner report concerning his or her conduct, because that would “muzzle” city councillors. He added that the city did not have the authority to demand repayment in the first place.

Mr. Ford’s brother, councillor Doug Ford, defended the mayor and accused the left of “chasing him down” with a legal fight ahead of the 2014 election.

“It wasn’t about a city contract,” he said in September. “It wasn’t about city money. This is an individual supporting kids. They will twist it any way they can.”

Councillor Josh Matlow called the ruling “shocking” and unprecedented.

“It’s a lesson to every municipal official across Ontario that when you get elected, read the rulebook,” Mr. Matlow said, noting the city needs to get away from the “constant reality show” that has become Mr. Ford’s tenure, and instead focus on priorities such as transit and economic development.

“We can’t have a daily absurdity. We need to focus back on the job at hand,” he said.

If the mayor’s anticipated appeal is unsuccessful, Mr. Matlow said he supports a byelection.
Councillor Janet Davis said council should not “rush into decisions” on how to move forward, but rather start carefully considering options.

“We’ll all be thinking, what is in the best interest of the city? We’ll be listening to our constituents,” she said.

The decision, albeit surprising, cannot stop the business of the city, especially during budget season, Ms. Davis noted.

“The mayor’s not above the law, and the judge said that today,” she said. “He often breaks the rules and gets away with it. Well this time he didn’t… Sometimes he’s stubborn and pig-headed and this is where he’s landed himself because of it.

“It’s a surprise,” Ms. Davis added. “I sort of thought there would be some kind of a loophole.”

With files from Megan O’Toole