The lawyer representing the plaintiff in a conflict-of-interest case against Mayor Rob Ford says his client should not be forced to cover the $116,000 in legal fees Ford racked up.
Last week Ford’s lawyer Alan Lenczner filed his bill with the Ontario Divisional Court, suggesting that plaintiff Paul Magder should cover the entire cost since his complaint ultimately proved unsuccessful.
In a statement released Saturday, Magder’s lawyer Clayton Ruby promised to fight that demand when he files his response with the court on Monday.
“Paul Magder is a private citizen who was performing his civic duty and who did not stand to gain any financial benefit from this lawsuit. He was acting on behalf of those many Torontonians who were concerned about Rob Ford's reckless behaviour as mayor,” Ruby said. “Paul does not deserve a costs award against him. He deserves an award for his act of citizenship."
A lower court initially ordered Ford removed from office after it ruled that he violated provincial conflict-of-interest rules by participating in a vote at city hall on whether he should repay money he raised for his private football foundation using official city letterhead.
That ruling, however, was thrown on appeal when a three-judge panel at the divisional court found that Ford had no personal financial interest in the matter and council overstepped its authority by ordering Ford to repay money that went to an arm's length foundation.
In his statement, Ruby said Ford got off on a “technicality,” making his demands for full reimbursement unreasonable.
