Mayor Rob Ford cannot run in any byelection to replace him, the city's lawyer said Tuesday in a major blow to Ford's battle to keep his job.
Ford said Monday — in the wake of the bombshell ruling that he breached the Municipal Conflict of Interest Act — that, if a byelection is held, he would be the first name to get on the ballot.
His lawyer, Alan Lenczner, told the Star he interpreted the judge's wording about Ford being barred from running until the "end of the term" to mean the mayor would be able to run after the 14-day period, ending Dec. 10, when Justice Charles Hackland's order for Ford to vacate his office is slated to come into effect.
But city solicitor Anna Kinastowski told city council Tuesday: "It is my opinion that word term means 2010 to 2014.”
“That is our interpretation of that particular fact. If down the road there is a byelection and Mr. Ford does not agree with our intepretation, he can certainly take action to get a judicial interpretation at that time.”
While she spoke then, and during subsequent questions from councillors, the mayor did not look straight ahead at Kinastowski. Instead, he stared to the left toward city manager Joe Pennachetti, who appeared to be reading papers.
Lenczner is expected to go to Divisional Court any time to launch an appeal of Hackland's decision and to ask a three-judge panel to "stay" — or put on hold — his order that Ford leave office.
Kinastowski said the 60-day deadline for council to either appoint a caretaker mayor or trigger a citywide mayoral byelection does not start until after the 14-day period when the judgment comes into effect. However, if the higher court puts the removal order on hold, council would wait for the outcome.
In the meantime, Kinastowski said: "The mayor is the mayor, it is business as usual."
Also Tuesday, former Ford ally Councillor Giorgio Mammoliti called on Ford to step down and let Deputy Mayor Holyday take over the reins of the city until the appeal is concluded.
"The city is in a crisis," and might be losing international investment while its leadership is up in the air, Mammoliti said. Although he has acted as Ford's attack dog, Mammoliti suggested Tuesday that he has in fact been supporting the agenda and that he and the mayor have at times not been on speaking terms.
Other councillors said they are willing to let the process play out and for Ford remain in place during the legal maneuvering.
Councillor Joe Mihevic called "crisis" talk "alarmist", saying the city is in "rough waters" but Torontonians should feel assured that there is a legal pathway ahead and clearly prescribed rules to ensure Toronto has stability at the top.
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