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Ford's lawyer claims errors in conflict of interest case

Posted by Chris Bateman / December 13, 2012

toronto rob fordRob Ford's lawyer says Justice Charles Hackland, the judge who ordered the mayor removed from office, made "several errors of law" reaching his decision in a factum filed in an Ontario divisional court yesterday.

The statement of facts filed prior to a January appeal hearing against the guilty verdict also claims the judge "adopted the wrong approach" by not finding Ford made a simple mistake by speaking and voting on an item in which he had a financial interest at a February council meeting.

Lawyer Alan Lenczner expanded on the foundation of Ford's appeal, which is due to be heard Jan. 7, detailing how by "construing the MCIA [Municipal Conflict of Interest Act] 'strictly'" Hackland "did the opposite of what the law demands."

Lenczner will also try to convince a panel of three judges that council overstepped its bounds by ordering Ford to pay back $3,150 in donations to his private football foundation in the first place. Ford voted to repeal a previous council decision that ordered he pay back the money gathered in part using the city's official letterhead to donors.

According to the document, Ford and his team believe the MCIA "has no application to the circumstances of this case." Another factum from Paul Magder, the Toronto resident who brought the case, is due before Dec. 24.

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

Photo by mikepop2ca from the blogTO Flickr pool.



Jacob / December 13, 2012 at 12:17 pm
Basically, "Ford did nothing wrong."

Par for the course. Ford has never done anything wrong, in his entire life.
MS / December 13, 2012 at 12:19 pm
Going to be tricky to convince the appellate judges that Ford made an mistake when he swore up and down on the stand that he did not make a mistake, was absolutely intending to do what he did, and would do it again if he had the chance.

The lawyer has to allege things like this but he has zero chance.
AllanG / December 13, 2012 at 12:35 pm
Ford and his lawyer's definition of "error of judgement" would virtually guarantee that no one was ever punished because the very act of doing something wrong is an "error in judgement". He is arguing that no matter how egregious a conflict of interest might be, it's an "error of judgement" by definition and by law, exempt from any penalties.

WOW. And appeal court judges are actually going to get to rule on this? This is a supposed to be a serious legal defense? Maybe Ford should get a new lawyer?
LOL / December 13, 2012 at 12:55 pm
LOL they are really grasping at straws here.
What a joke!
John / December 13, 2012 at 01:16 pm
Ok, let's get this by election going so we can vote this embarrassment out of office so he can get back to his real job coaching football
Soren / December 13, 2012 at 02:06 pm
The mayor should not be taking any money from lobbyists. When do we get to vote for one who understands what corruption is?
ah123 / December 13, 2012 at 02:36 pm
The Judge's order was not an easy read to start, but is very straight forward and thorough. It also gave one the sense that he was trying to give Ford an out but couldn't do so because of Ford's own words and conduct even at trial.
mezimeen / December 13, 2012 at 04:55 pm
This just made my Thursday afternoon that much funnier, and thus that much better. Thank you crazy lawyer man.
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