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Clayton Ruby counters Rob Ford's grounds for appeal

Posted by Chris Bateman / December 24, 2012

toronto rob fordThis just in: a Christmas gift from Clayton Ruby, the lawyer representing Paul Magder, the Toronto resident who brought the conflict of interest case against Rob Ford. In a statement of facts filed today, Ruby shoots down many of the appeal arguments outlined by Rob Ford's legal team in advance of the Jan. 7 hearing that will once and for all decide whether the mayor stays or goes.

In the document, Ruby systematically picks apart the grounds Ford's lawyer Alan Lenczner laid for appeal in a similar document filed earlier this month, countering claims that council was outside its jurisdiction when it ordered Ford to pay back $3,150 in donation solicited for his personal charity using city resources.

The 44-page factum also argues Justice Charles T. Hackland, the judge in the original case, did not misinterpret the Municipal Conflict of Interest Act when ruling that Ford's council seat be declared vacant as Lenczner claims. Ruby calls Ford's breach of the MCIA "wanton, reckless and completely lacking bona fides [sincerity]."

There's also a rebuttal of the mayor's claims that the amount in question was insignificant, citing legal precedence from Howick Township, northwest of the city, in which $300 was deemed significant under the MCIA. "It takes a long time and a good deal of hard work for an ordinary Canadian to save up $3,150.00," Ruby notes.

A final decision in the protracted saga is expected by February once a panel of three judges have considered both sides of the appeal. If Ford is booted from the clamshell, council will have to either hold a by-election or appoint a new mayor for the remainder of the current term of office that ends in 2014. If he stays, it's still unlikely to be business as usual.

Here's the full text of the document. Stay tuned for more legal drama in 2013.

Magder Ruby Factum

Chris Bateman is a staff writer at blogTO. Follow him on Twitter at @chrisbateman.

Image: HiMY SYeD / photopia in the blogTO Flickr pool.

Discussion

5 Comments

W. K. Lis / December 24, 2012 at 03:44 pm
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Rob Ford did not read the city council handbook (handed out at the start of each new city council) from his start as councillor in 2000, does one expect him to read the Factum. Nope.
Chris / December 24, 2012 at 08:54 pm
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They should have made a 5 min youtube video for the city council handbook that could be watched on a cell phone while driving.

Reading takes a lot of time, time is money, therefore reading is gravy.
Simon Tarses replying to a comment from Chris / December 25, 2012 at 05:32 am
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This man's problem is that he was never taught how to read, IMHO. Or at least, to read well.
cronik replying to a comment from Chris / December 25, 2012 at 08:40 pm
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post of the week!
Dr. Low / December 27, 2012 at 02:39 pm
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Dr. Low interviews Mayor Rob Dorf and his brother councilor Doug Dorf from the great city of O'Rotton and discusses Rob's court ruling. Teaser: Watch out for Rob's view on fellow mayor Rob Ford from Toronto.

https://soundcloud.com/the-low-down/the-low-down-dr-ludwig-episode

Join the discussion on FB (Episode 1):
http://www.facebook.com/pages/The-Low-Down/422337744504630

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