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The case against Rob Ford's cancellation of Transit City

Posted by Derek Flack / January 30, 2012

Joe Mihevc Lawyer Transit City Ford"Rumours of Transit City's death have been greatly exaggerated," Joe Mihevc told a scrum of reporters earlier today at City Hall. The confident proclamation comes after the Toronto city councillor solicited legal advice on whether or not Mayor Rob Ford had the authority to cancel unilaterally the transportation plan put forward by the Miller administration when he first took office over a year ago. In a nutshell, the legal document contained below puts forward the argument that only city council itself has the power to take such action. According to Mihevc, "the mayor was speaking for himself and no one else."

So what was the last plan that city council did approve? Why, Transit City, of course. Contrary to claims that council never approved the plan that Ford cancelled, Mihevc and his lawyer contend that there is a record of votes on Miller's LRT-based project. "Transit City came to Council as part of the Climate Change, Clean Air and Sustainable Energy Action Plan in 2007," reads the report. "After that, City Council considered and voted on the necessary elements of the program as they came before Council. The process was granular, because this is how City Council does its work."

You can peruse the document below for a closer look at the legalese, but perhaps what's most interesting about today's news — if it can really be called that — is the timing. Coming just a week after Karen Stintz and other councillors have started to push for transit plan based on compromise, Mihevc's entrance into the fray might lead Ford to dig his heels in even further on his vision for underground transit.

Or not — it's not as if he sounded amenable to changing course in the first place, after all. And based on the general trend around city council, perhaps this legal backing will embolden Mihevc's fellow councillors to demand that transit planning be put back on council's agenda. Stranger things have happened.

Transit City Legal Advice

Discussion

58 Comments

everyone with any sense / January 30, 2012 at 12:30 pm
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Yay!!!!!!
Todd Toronto / January 30, 2012 at 12:30 pm
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Uggh. Look at that billboard. Of all the elements of Transit City, all but one are were TTC improvements in the suburbs. You know, the suburbs that voted for Rob Ford, even though he campaigned against Transit City. Great going, folks.

To paraphrase Thomas Frank, what's the matter with Kansas?!


Jacob / January 30, 2012 at 12:34 pm
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At this point does it even matter what Ford thinks? Isn't it possible for city council, who were *also* individually elected by the people of Toronto and are bound to listen to their constituents, to act on this matter without his participation?
Pro-Ford Comment Trolls / January 30, 2012 at 12:42 pm
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WE DON'T KNOW WHAT TO SAY TO THIS!!! ARRRRRGH
Stew / January 30, 2012 at 12:45 pm
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Who paid for this audit?
Joe replying to a comment from Stew / January 30, 2012 at 01:03 pm
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What audit?
o_O / January 30, 2012 at 01:04 pm
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I do love BlogTO's political analysis. It goes like this: "X is going to happen because of Y. Then again, X probably isn't going to happen." Get off the fence and say something!
Arturo replying to a comment from Todd Toronto / January 30, 2012 at 01:34 pm
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Just because a project is happening in the suburbs does not make it a good project. I am from Scarborough and I think Transit City is a disaster, and almost all of my neighbours think it's a disaster. It's only the people of the downtown core who don't actually live in the suburbs that think that Transit City is the best thing to ever happen to Toronto. If other taxpayers and myself are going to necessarily overpay for socialized transportation, I might as well get one half-decent line rather than 7 crappy small lines.
burbs replying to a comment from Arturo / January 30, 2012 at 01:45 pm
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I live in the burbs on the west end, me and my neighbours have always backed this plan. and i just loved how you call transit "necessarily overpay for socialized transportation". you had to vote for ford!
Joe Public / January 30, 2012 at 01:46 pm
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So council approved "Transit City" when it voted on "Climate Change, Clean Air and Sustainable Energy Action Plan in 2007", I guess you need seven years in Law School and $900 an hour to make that connection. If mayor's have no power to make unilateral decisions how soon can we get the bridge to Toronto Island built? Just sayin'...
Derek replying to a comment from o_O / January 30, 2012 at 01:50 pm
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Sorry, I seem to have misplaced my crystal ball. Not being able to predict how Rob Ford will react to something isn't fence-sitting – nor does this article even feign an attempt at political analysis.
Kieren replying to a comment from Joe Public / January 30, 2012 at 01:51 pm
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That bridge is being help up in an environmental assessment, outside of council.
matts / January 30, 2012 at 01:56 pm
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I had an inkling when Ford 'cancelled' Transit City that he was not in position to do so. However, no one on the council protested, Province went along with it too... How stupid or careless were they? It took Mihevc a freaking year to do something about it... I am glad he did, but what the hell happened a year ago, was everyone asleep, scared of Ford?
iSkyscraper / January 30, 2012 at 02:04 pm
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During the 5 years this has been developed, killed, and resurrected, something like a half-dozen US cities have either opened or announced new LRT lines. Anyone who thinks LRT is not the way transit gets done in 21st century North America is beyond delusional.
Xavier replying to a comment from matts / January 30, 2012 at 02:07 pm
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Ford had as much right to cancel transit city as Miller did to cancel the bridge to the island airport.
Subway / January 30, 2012 at 02:18 pm
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Right... and Miller instituted Transit City without any approval.
auditorydamage replying to a comment from Arturo / January 30, 2012 at 02:18 pm
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Take a glance at this...

http://www3.ttc.ca/PDF/About_the_TTC/Transit_City_Map_Aug_2010.pdf

...then explain to me how two new LRTs extending across Scarborough and an LRT replacement for the SRT is worse than one LRT along the same Eglinton route, a delayed SRT replacement, and a vapourous promise of a Sheppard subway extension funded by developers aaaaany time now...
Ford For Toronto / January 30, 2012 at 02:22 pm
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Did council ever vote on Transit City?

Yes, at least seven times:

http://fordfortoronto.mattelliott.ca/2012/01/30/council-votes-transit-city/
auditorydamage / January 30, 2012 at 02:27 pm
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Did another looksee at the Transit City and current Eglinton Crosstown maps after noticing the selarate Malvern LRT line (colour issues on my end - shoot me). The new plan is even worse than I thought! It literally just replaces the SRT after Kennedy - anything not near the existing SRT is left hanging! And recalling the reports of SRT replacement delay into the next decade... oh man. What a joke, all so Ford can say "the taxpayers want subways!" At this rate, "the taxpayers" will get hot air and nothing else.
Rich replying to a comment from Arturo / January 30, 2012 at 02:36 pm
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Arturo I'd love to see some facts that back up your belief. WHY is it a disaster? Facts help make your comment more than just a whine from someone living in the burbs. Also, hope you like not having the SRT or something to replace it in the coming years. Here's a question for you.......How much is a bird worth in your hand compared to 2 in the bush?
o_O replying to a comment from Derek / January 30, 2012 at 02:36 pm
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Derek, you wrote: "Mihevc's entrance into the fray might lead Ford to dig his heels in even further on his vision for underground transit.

Or not — it's not as if he sounded amenable to changing course in the first place, after all."

That is an attempt at political analysis. Hedging with "or not" is what makes it political analysis worth mocking.
o_O replying to a comment from Joe Public / January 30, 2012 at 02:38 pm
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You might recall that Miller's first act was holding a council meeting at which he convinced city council to vote to kill the bridge to the Island Airport. That's how Ford should have gone about killing Transit City.
Steve / January 30, 2012 at 02:39 pm
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I am a taxpayer and I want Rob Ford to resign. Do you think he'll listen to my demands?
Kieren replying to a comment from Steve / January 30, 2012 at 02:43 pm
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Maybe if you call him. He seems to take to those kindly.
Steve replying to a comment from Kieren / January 30, 2012 at 02:46 pm
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He may misconstrue my request as a threat and call 911 on me.

Seriously, this guy is making Lastman look like a saint.
poopschute / January 30, 2012 at 02:49 pm
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If Rob Ford can hula-hoop for 10 minutes straight, he may build his subway.

the people have spoken.
auditorydamage / January 30, 2012 at 02:53 pm
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If Rob Ford does one little thing for me, I will not only support his plans, I will shill for them on my own time on local websites no matter how blindingly stupid they are.

He has to change his first name to Edsel.
Rob Ford replying to a comment from o_O / January 30, 2012 at 02:57 pm
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Guessing how I might act isn't political analysis, trust me.
jd4353 replying to a comment from Arturo / January 30, 2012 at 03:17 pm
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@Arturo

As someone who lives and works in Scarberia and uses transit everyday. Please post examples of what we would be getting to make transit any better. You're full of shit if you think the alternative to transit city is better off for us.
Antony / January 30, 2012 at 03:48 pm
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That billboard, and the thoughtless low budget publicity campaign that created it, are a big part of why Transit City was such an easy political target.

Nobody in the city knew what LRT was!!! The only examples that Ford's campaign team used were St.Clair and the SRT. Billboards with a bunch of black and white circles and text didn't help.

The TTC should have postered the city with concrete examples of what LRT would look like in Toronto. Like the Queensway south of High Park. Or look all over North America and there's plenty of comparisons - Calgary, Houston, Minneapolis, as CodeRed's postcards show.

As a techy guy, I like to think that publicity is all fluff... but bad Transit City publicity is a big part of the reason for all this insanity.
Nick replying to a comment from Xavier / January 30, 2012 at 04:15 pm
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@Xavier, agreed that Ford had as much right to do so as Miller did to cancel the airport bridge, but Miller, to his democratic credit, did put the vote to council, and won, 32-12 on the 4th of December 2003. That's the way to do it. And just a slight correction to Kieren's comment: there's actually a tunnel being built to the island airport, construction of which will start next month. The reason for the delay from 2009 was procedural, at the federal level.
Mr. Metro replying to a comment from jd4353 / January 30, 2012 at 04:18 pm
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Arturo only knows about his cock and his bum and what comes out of both when the demands of nature assert itself. That's why he and the other idiots voted for Ford to cancel Transit City.
marlon replying to a comment from Antony / January 30, 2012 at 04:44 pm
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hate to say it but you are absolutely right. images of the cars images of the new map were on the inside of the pamphlet. those who weren't lazy brains saw it and were excited. lazy people didn't and now we are here. should have made it the cover...
marlon replying to a comment from Mr. Metro / January 30, 2012 at 04:45 pm
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you are a huge discredit to the left. wash your mouth moron.
Jay / January 30, 2012 at 05:38 pm
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And when Joe Mihevc was asked who paid the lawyers for this report he refused to answer. He tried to spin and say "he took care of it". Then when pressed to clarify if that meant he paid for for it Joe stumbled and bumbled his answer and then tries to spin his answer again. He has refused to be open of who commission this and who paid for it. What the big cover up Joe? What donyou have to hide? What's the hidden agenda? More sour grapes by the left in council.

Hey Joe, remember when all tw lefties in council voted to give the Mayor more power while Miller was in? Well, over confident short sightedness ... And well, karma is a bitch!
Please replying to a comment from Jay / January 30, 2012 at 06:52 pm
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Who paid for Mihevc's legal advice? Is that really the best you've got, Jay?

Ah yes. When you can't shoot the message, shoot the messenger. It's the Ford Nation way!
stopitman replying to a comment from Arturo / January 30, 2012 at 07:01 pm
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Pssst, Arturo - roads are "socialized transit" to the max... 80%+ subsidized by the taxpayer, not the rate payer, and there's also the fact that the denser Old Toronto subsidizes the roads in its less dense boroughs. Of course, all that is skated across in transit vs. roads commentary because suburbanites are too stubbornly conservative to see roads as being a big social project (I'm from Burlington, so I live in a super-suburban city).
AV / January 30, 2012 at 07:02 pm
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Jay, what you just said sounded to me like "Hey, look over there!". Drawing attention away from the base fact that a respected law firm believes Ford broke the law just strengthens the argument against you. Who cares who paid for the report, does it make it any less valid?
Toronto City Council / January 30, 2012 at 07:14 pm
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Hi Jay. Karma is a bitch? We agree. We're about to vote down what the mayor thought he was allowed to do but wasn't. Democracy's rough!
alex / January 30, 2012 at 07:28 pm
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I love when jay gets angry. It's cute. Leave your garbage for your facebook.
Subway / January 30, 2012 at 07:39 pm
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Now wouldn't it be funny that this whole back and forth fighting for Transit Shitty is happening and is brought back after years of litigation and dragging through mud that inflation will cause the budget for Transit Shitty to be over budget and impractical?
mike / January 30, 2012 at 07:50 pm
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yay transit city's back on track! (maybe the inner suburbs wont turn into the third world of canada)
Pro ford comment trolls replying to a comment from Pro-Ford Comment Trolls / January 30, 2012 at 07:54 pm
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We figured it out. We are going to try and turn the debate into who paid for this even though mihevic made it clear not a taxpayer penny was spent on it!!!!

Maybe it's safer over at the sun where they bury their heads for stories like this and prefer to have a circle jerk at how impressive rob ford is for lusing 6 pounds in a week.
John / January 30, 2012 at 08:05 pm
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Actually getting a law firm to give friendly advice to a left-wing councillor doesn't change a thing. All it does is give the weak minded some false hope for their idiotic and out of date plans.
Jay / January 30, 2012 at 08:10 pm
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@AV - respected by who?

Take a few seconds to be informed. The law firm who did this report is a form that pushes a left wing social agenda. Their web site even says as much.

Why is Joe Mihevc not willing to say who paid for the report? Is it a back room handshake that they will be taken care of in some other manner in the future? No lawyers work for free. Again I ask, what is Mihevc hiding?

You say I'm trying to shift people's attention. I say you are blinded by your own ideology and not even willing to question Mihevc.

alex / January 30, 2012 at 08:26 pm
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just like you're not even willing to question ford.

stick to what you're good at and keep pushing buttons that create nice lights.
bum hurt jay / January 30, 2012 at 08:37 pm
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hey bum hurt jay, if no tax dollar was used to pay for the lawyer, then it is none of your f@cking business. Now go be bum hurt some where else.
Parker / January 30, 2012 at 10:26 pm
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Aces Mihevc!
everything's clear now replying to a comment from John / January 30, 2012 at 11:36 pm
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and you consider building a subway through the don valley modern? good to know.
Justorbs / January 31, 2012 at 12:01 am
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Transit Shitty should stay right where it is - dead. The backbone of world metropolises such as Toronto is subways, subways, subways. Streetcars/LRT going down the middle of the street is what you would find in Salzburg, Austria or Stuttgart, Germany.

This is Toronto, The Big Smoke. We need subways. Stay the course Rob Ford, stay the course.
Bullit replying to a comment from Justorbs / January 31, 2012 at 08:58 am
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@Justorbs
You do realize that a "subway" (heavy rail transit - HRT) and LRT (light rail transit) are different based on the type of transit and the way they opperate not based on where they are located (above ground, at grade or below ground)?

IMO this entire debate of subways vs LRTs has gone away from what they really are and what will best suit Toronto to where they are located vertically (which really doesn't matter because both can be put at grade or underground...I'm assuming that Toronto will not do a "sky train" sort of thing).
tripper / January 31, 2012 at 11:27 am
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"The backbone of world metropolises such as Toronto is subways, subways, subways."

It would be great if Toronto had built a more extensive subway system when it had the chance years ago. But it didn't. "The World" is now opting for more affordable methods of transportation such as LRTs when it decides to expands its transportation network. Transit City was a way for Toronto to catch up to "The World" and expand ours.

But of course Ford and his minions don't want Toronto to catch up. They want to keep us down and backwards. I'm still not sure why, other than some misguided and wrongheaded notion of what conservatism is.
auditorydamage replying to a comment from Justorbs / January 31, 2012 at 11:41 am
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Re: "subways subways subways"

...with what money? The city itself won't pay for it, the province won't pay for it, and Ford's own handpicked private development liasion said no one else will pay for it. We'd all love subways. We'd have loved them 15 years ago when Mike Harris gutted transfers from provincial coffers to Toronto transit. Unless the province or Ottawa has a sudden desire to divert billions of taxpayer dollars from across the province/country into Rob Ford's pet project, they're not going to happen. Since they're not going to happen, and the estimated passenger load on the existing system is not going to drop any time soon, what would any of you propose to deal with the problem?

A solution was planned, funded, and started by the elected representatives of the city's and province's population. Ford tossed the whole thing like one of those dictators he likes to compare his opponents to while claiming a mandate from "the taxpayers", as if they are a homogeneous group (federal parties like to do this with "Canadians want this, Canadians want that", etc.). Where oh where is Ford going to find the funding for his pet project, and how much longer will people unlucky enough to be in areas left unserved by his actions have to wait for improved service?
gricer1326 / January 31, 2012 at 04:01 pm
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Ford is done. It's over for him.
I find it kind of awesome that this conclusion was reached on my birthday. #1 gift!
Pro-Ford Comment Trolls / January 31, 2012 at 04:27 pm
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We love to repeat that a lot of people voted for Rob Ford so his subway plan = democracy!!! We hate it when you guys go "Oh yeah? So let's vote on Ford's subway fantasy" because then we will look like idiots!!!! We're not idiots though! We're just liars! Please have mercy on us!!!!!!
MisterShooter replying to a comment from Stew / January 31, 2012 at 05:18 pm
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Councillor Mihevic paid for the legal opinion out of his own pocket!
Justorbs replying to a comment from auditorydamage / February 1, 2012 at 04:32 pm
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You idiot. Don't you read the news? It's totally "do-able." Rob Ford answered all of your uninformed questions already. Full quote:

"I didn’t overstep my boundaries, I did what the taxpayers want. They want subways. That’s it. They don’t want streetcars. I was out in Scarborough over the weekend, people came up to me and said they want subways. That’s it. It’s the taxpayers. The taxpayers want. I was elected on subways, they want subways, I was out on Saturday, people want subways. That’s it. It’s all subways. It’s all about subways. All about subways. So it’s the taxpayers that elected me to get the subways in and that’s what we’re gonna do. It’s like winning an election. So if they voted me in, that means I don’t win an election? It doesn’t make sense."
blah / February 3, 2012 at 12:42 pm
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At least give Mayor Ford's cancellation of Transit City some context...

http://fordfortoronto.mattelliott.ca/2012/02/03/wasted-money-putting-rob-fords-transit-city-cancellation-costs-into-context/

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