Toronto mayor Rob Ford is asking an Ontario court to throw out a request for a forensic review of his campaign expenses and instead hold a fresh hearing allowing him to present new evidence.
In a motion filed late Friday afternoon, Ford's lawyers argued that the mayor's election team had not finalized its expense report from the October 2010 election, and therefore, was not able to file complete records when the city's audit committee ordered its investigation in May.
The motion said a so-called "de novo" hearing would allow the newly appointed mayor to fully present evidence.
"A de novo hearing will facilitate a more complete appreciation of the evidence, placing the court in the best position to interpret the provisions of the MEA (Municipal Elections Act). Accordingly, it is in the interests of justice that this appeal proceed as a de novo hearing," the lawyers wrote in the motion.
The call for an audit came after Adam Chaleff-Freudenthaler and Max Reed alleged that Ford relied on a family-run company to pay some election expenses. The pair also claimed the then mayoral candidate received other corporate contributions not allowed under election rules.
The Mayor's Office has previously said that Ford's campaign finances were reviewed by an outside auditor before being submitted to Elections Toronto and that the auditor did not raise any concerns.
Chaleff-Freudenthaler said Friday there was no need for new proceedings.
"In May, the Compliance Audit Committee made a lawful decision based on the overwhelming evidence that was presented to it showing reasonable grounds for an audit of Rob Ford's election campaign," Chaleff-Freudenthaler said in a statement.
"At that time, Ford had a chance to present all the evidence he desired to rebut our allegations but chose not to. In our view, there is no reason for a court to undermine the Compliance Audit Committee."
The motion is expected to be heard in January.
