A municipal law expert says it could be difficult for Toronto Mayor Rob Ford to legally challenge city councilâs decision to reduce his powers.
John Mascarin told The Canadian Press that council âclearly has the authority to do what it has done.â
âThe cityâs case is very clear,â he said.
Another municipal affairs lawyer, Stephen DâAgostino, said he doesnât believe that the mayor will be successful in court.
âHe can certainly launch a lawsuitâŚthe question is, can he win?â he told ŰÎŰ´ŤĂ˝ Channel.
âI donât think heâs got a case.â
Ford threatened legal action Friday after councillors voted overwhelmingly in favour of stripping the mayor of his ability to appoint and fire committee chairs and the deputy mayor, as well as his authority during emergency situations.
However, Fordâs lawyer, George Rust-D'Eye, told CP that he has not yet been instructed to begin the litigation process.
Rust-DâEye said councillors canât act on "speculation or irrelevant allegations" and the motions presented Friday could be seen "as an attempt to punish (Ford) for alleged personal conduct, or as a symbolic statement of council's intent to be doing something in response to it.â
But Coun. John Filion said he was âextremely carefulâ with how he worded the motions. He said heâs confident that councilâs actions are legal.
Rust-DâEye told CTV Toronto Friday that another vote by council Monday â which will seek to transfer the mayorâs operating budget, among other powers and duties, to the deputy mayor â is âmore serious.â
Rust-DâEye said he will then discuss the situation with the mayor. Any legal action would likely include an application to quash the bylaw or an application for a judicial review, he said.
Coun. Doug Ford, the mayorâs brother, told News Channel that Fridayâs vote âtrampledâ the democratic process.
â(Councillors) didnât have the moral authority to do this, they didnât have the legal authority, in our opinion, to do this,â he said.
âThis is up to the people of the city to decide. Thatâs why we live in a democracy.â
Doug Ford said that âfront-line blue collar folksâ elected the mayor and that their voice âhas just been taken away.â
Coun. Gord Perks disagreed, saying the mayor still has all the powers that the electorate gave him. Itâs the extra powers given to him by council that have been taken away, he told CTVâs Power Play.
âThis is the most we can do and this is the most we should do. We have to respect the electorate,â he said.
âItâs sad, itâs heartbreaking that (Ford) has lost the confidence of council and Torontonians.â
Coun. Denzil Minnan-Wong said council had no choice but to strip the mayor of some of his powers.
âWeâre in a very extraordinary position. Our mayor is out of control,â he told ŰÎŰ´ŤĂ˝ Channel.
âWe did the right thing, listening to the residents of Toronto. If (Ford) wants to sue the city that he works for, thatâs fine but he will be the one whoâs wasting taxpayersâ dollars because weâll have to hire an expensive outside lawyer in order to fight his lawsuit.â
Minnan-Wong said that Fordâs repeated apologies following his admissions that he has smoked crack cocaine and driven after having some drinks are âvalueless.â
Ford also apologized Thursday for making a vulgar reference to oral sex in a scrum with reporters, on live TV.
âQuite frankly, heâs gone too far. Heâs broken the spirit of the mayorâs office,â Minnan-Wong said.
The councillor also said that he believes the province should intervene in the Ford scandal since councilâs powers are âquite limited.â
He said that his colleagues may need more convincing that Premier Kathleen Wynne should step in.
âI donât need more convincing,â he said.