Toronto Mayor Rob Ford's lawyers are in court today aiming to suspend a judicial order that he vacate his seat until an appeal of the ruling is resolved.
The mayor's legal team, led by Alan Lenczner, will argue for a stay of the removal order issued last week by Ontario Superior Court Justice Charles T. Hackland.
The application to stay the ruling is not being opposed by Paul Magder, who lodged the complaint that led to the order, or by Clayton Ruby, his lawyer.
Magder argued Ford broke the Municipal Conflict of Interest Act by taking part in a February council vote that absolved him from paying back $3,150 he had solicited for his football foundation from lobbyists.
Hackland said in his ruling last week that Ford's actions amounted to "wilful blindness."
If Ford's stay application is unsuccessful, he would have to relinquish the mayoral position on Monday. Council would then have to declare his seat vacant, and would have 60 days to either appoint a new mayor or call a byelection.
Ford's appeal of the judgment could be heard as early as Jan. 7, with a decision following soon after.
Hackland ruled Ford would be eligible to run in a byelection if he loses his appeal and council does not appoint an interim mayor.
Lenczner says a stay just makes sense in this case.
"The argument would be: 'Well, what happens if the appeal gets overturned?'" he said.
"What would be the point of having either an election that costs money or having someone else appointed to the position and then the position becomes vacant?"
Ford brothers are optimistic
The mayor and his brother, Coun. Doug Ford, are optimistic.
"We hope the judge will give Rob a stay and then we're off to the Appeal Court Jan. 7," Doug Ford said.
However, some on council believe the entire matter has damaged the city's reputation and that it is time for Ford to step down.
"I think right now anybody could do a better job than the mayor we have," Coun. Glenn De Baeremaeker said.
"I think we've all had buyer's regret," De Baeremaeker said. "I think we all thought we bought something shiny, new and wonderful, and got home and it was a piece of junk.
"I think that has happened with our mayor, and unfortunately what we have now is a spectacle that is embarrassing and humiliating to us around the world."
The mayor has kept a low profile this week and is not expected to be in court Wednesday.
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