Mayor Rob Ford’s lawyer Alan Lenzcner will be asking that the judgement forcing Ford out of office in early December be stayed until an appeal has heard.
According to documents filed with the Divisional Courts, he’ll be arguing next Wednesday, Dec. 5, that removing Ford before an appeal has been heard will cause “irreparable harm.”
“Failing to grant a stay vacates the mayoralty seat, a seat which the moving party/appellant (Ford) won through the democratic process by more than 90,000 votes,” writes Lecnzner. “Removing (Ford) is a loss of position, not compensable by money.”
Once Ford is out of office, Lencnzer argues, council would either call a byelection or appoint a caretaker mayor. Were the decision reversed by appeal court, Ford would not be able to resume his duties.
Lenczner also argues that removing him would do public harm.
“It cannot be right that the democratic process and the democratic will should be denied for a period of another few months while the appeal is being heard and decided,” he wrote.
Lenczner also points out that there is no criminal conduct involved in Ford’s conflict of interest matter.
Ford was ordered removed from office by Superior Court Justice Charles Hackland, after he spoke in his own defence and voted on a report requiring that he return $3,150 to donors to his football charity, because the collection of that money violated the city council code of conduct.
Lenzcner also included the arguments he intends to make at the Divisional Court appeal, which is scheduled to take place Jan. 7.
As to that matter, Leczner hinted at some of the arguments he will bring. Lenczner said he believes that Justice Hackland erred in determining that council had the authority to order Ford to return the money: council can only reprimand or dock pay.