The Mayor awaits questions from the media at a previous event
From http://www.canlii.org/en/on/onscdc/doc/2013/2013onsc263/2013onsc263.html Canadian Legal Information Institute
"Accordingly, the application judge erred in failing to find that Decision CC 52.1 was ultra vires by imposing a sanction not authorized by the COTA.
In addition, Decision CC 52.1 went beyond the “Other Actions” contemplated by the Code, because it required Mr. Ford to reimburse funds which he never received personally. The “Other Actions” set out in the Code include reimbursement of monies “received”. Here, the evidence is clear that Mr. Ford never personally received any of the money donated for the football foundation. All funds were received by an arm’s length entity, the Toronto Community Foundation. Therefore, the sanction was not authorized by the Code nor by the COTA.
Given that the imposition of the financial sanction under Decision CC 52.1 was a nullity because Council did not have the jurisdiction to impose such a penalty, Mr. Ford had no pecuniary interest in the matter on which he voted at Council on February 7, 2012 - namely, the revocation of the Decision CC 52.1.
Conclusion [96] In light of our conclusion that Decision CC 52.1 was a nullity because of the nature of the financial sanction it imposed, the appellant has not contravened s. 5(1) of the MCIA. Therefore, the appeal is allowed, the judgment of the application judge is set aside and the application under the MCIA is dismissed."
Ford and Harper on a red garbage bin
The NOPE Ford poster
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