Rob Ford wins his stay, can remain as mayor while he appeals decision to remove him from office

Natalie Alcoba and Megan O'Toole | Dec 5, 2012 11:10 AM ET | Last Updated: Dec 5, 2012 12:36 PM ET

Tyler Anderson/National Post Toronto mayor Rob Ford speaks to the media after being granted a stay from being ousted from office in Toronto, Ontario, Canada, Wednesday, December 5, 2012. 

 

An Ontario judge says Toronto Mayor Rob Ford can remain in office while he appeals a decision that turfs him for breaking conflict-of-interest rules.

If not for the stay granted by Superior Court Justice Gladys Pardu, the mayor would have had to vacate his seat Dec. 10, as so ordered by Justice Charles Hackland. Now he can remain until a judgement is rendered on his appeal, scheduled for Jan. 7.

Speaking to reporters outside his office minutes after the decision came down, Mr. Ford said he was happy with the outcome.

“I’m very pleased with today’s decision and I can’t wait for the appeal, and I’m going to carry on doing what the people elected me to do,” the mayor said. “They voted for me to be mayor to get this city back on financial footing, which we’ve done. I’ve got a lot of work to do and I’m going to continue doing it to the best of my ability, and I can’t wait until January 7.”

Asked how confident he was that he would win the appeal, Mr. Ford responded: “You’ve just got to work every day and run the city and respect for taxpayers, that’s what people elected me to do and that’s exactly what I’m doing.”

The stay proceeding at Osgoode Hall lasted half an hour, with lawyers for both sides arguing in favour of a stay.

“It is clear that the appellant would suffer irreparable harm if he were removed from office, but it later transpires that his appeal was successful, and the order of Hackland J. was set aside,” Justice Pardu read in court. “If the decision under appeal is stayed for a short interval until the appeal is heard, there is no basis to conclude that any harm will be caused to the public interest.”

Alan Lenczner, the mayor’s lawyer, had to meet three tests: that the matter involves a serious question to be tried at appeal, that refusing the request would cause the mayor “irreparable harm” and that the balance of convenience and public interest considerations favours a stay.

“I just point to the fact that we have an elected official [and we] would want to maintain status quo so that the democratic will is maintained,” said Mr. Lenczner. Earlier this week, Clayton Ruby announced that he would not oppose the motion. On Wednesday, he said putting the punishment on hold is “in the public interest.”

“It would be inappropriate for the city to start down the complicated and perhaps expensive road of replacing Mayor Ford when this court has been able to offer us an appeal date within a month and a half of the judgment,” said Mr. Ruby, which he also said was unusual.

The mayor’s brother, Councillor Doug Ford, said he was “very appreciative” of the judge’s ruling. As to how his brother was coping with the uncertainty, he responded: “Stress is an understatement, but we’re going to move forward for the people of Toronto.”

Tyler Anderson/National Post   Toronto mayor Rob Ford (right) is followed by his brother, councillor Doug Ford (left), before briefly speaking to the media after being granted a stay from being ousted from office in Toronto, Ontario, Canada, Wednesday, December 5, 2012.

 

Councillor Ford, who took a brief break from ongoing budget discussions to speak to reporters, lauded his brother’s work in flatlining the city budget and running the city “like a business,”despite pressure from

left-leaning councillors to “tax, spend, hire more people.”

“We’re the envy of North America’s cities,” Councillor Ford said. “We have a building boom going on. We have 189 cranes in the air, we’ve flatlined the budget, so this is good.”

He acknowledged his brother was “maturing” in the position of mayor and would have to do some things “a little differently” if he is ultimately returned to office. Should the appeal fail, Councillor Ford favours a byelection over an appointment.

Now that the decision is made on the stay, hopefully we can move forward with some measure of stability until such time as the appeal is heard

“There isn’t a price you can put on democracy,” he said when asked whether the anticipated $7-million cost would be justifiable.

Councillor Denzil Minnan-Wong also hailed Wednesday’s ruling as “the right decision.”
“Most people believe that [the mayor] should have his day in court and that he should remain in his position until a decision is rendered,” Mr. Minnan-Wong said, noting council must continue its work, despite the “unnecessary distraction” of Mr. Ford’s ongoing court battle.

“Now that the decision is made on the stay, hopefully we can move forward with some measure of stability until such time as the appeal is heard,” he said.

Asked whether he remained a strong supporter of the mayor, Mr. Minnan-Wong responded: “I’m still focusing on my work at City Hall.”

Councillor Karen Stintz, who has been touted as a possible byelection candidate, agreed the city can now enter a brief “period of calm” until the appeal is heard in January.

“Everyone expected the stay would be grantedŠ My only hope now is that the decision on the appeal is also rendered quickly, so we know the direction the city is going and we can bring this political instability to an end,” Ms. Stintz said.

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