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Paul Magder and Clayton Ruby Trying to Appeal Ford Decision to Supreme Court

Case trying to remove Rob Ford from office on conflict of interest violations not quite over yet.

ford-supreme-court-appeal-640

In response to this morning’s decision by an appeals court to overturn a decision removing Rob Ford from office as mayor of Toronto following on alleged conflict of interest violations, the citizen who launched the case and his lawyer, Clayton Ruby, have announced that they will be seeking leave to appeal the decision to the Supreme Court of Canada.

Here is the full text of their statement—

The Court has let Rob Ford off on a technicality. We find that disappointing, particularly since the Court found that Mr. Paul Magder was right on the facts.

We believe that there are serious errors of law in the judgment and we will ask the Supreme Court of Canada for leave to appeal to that Court. It must be acknowledged that such appeals are not easy but this remains an important issue for all citizens.

Especially troubling is the finding that if a politician raises money from lobbyists and directs that money to his or her own personal interest, such abuse is beyond the reach of government oversight. This raises the possibility of American-style Political Action Committee (PAC) fundraising, which should be of great concern to all Canadians. (See Decision, paras. 49 and 70.)

No further comments will be made by Mr. Ruby or Mr. Magder.

“Seeking leave to appeal” means that Magder and Ruby need to first persuade the Supreme Court that this case is of sufficient importance and interest, having not just a local impact but implications for broader law, that they should be granted the opportunity to appeal it. They have no automatic right of appeal—they need permission from the court in order to do so.

Comments

  • http://www.facebook.com/brian.shatsky Brian Shatsky

    It is my understanding that both sides need to agree to this appeal, if so GOOD LUCK, if not, I am pleased that Mr. Ruby would continue to particiapate in the process FOR FREE unitl thi is heard. NOw, the Supremes don’t meet every day, and IF he can get to the court and IF they hear it and IF they rule quickly we MIGHT see a decision before Novemebr 2014. Of course on the left, unlimited free resourses are the rule rather than the exception.

    • TorontoistEditors

      This is not correct: the Supreme Court of Canada Act includes provisions for just one party to appeal.

      • http://www.facebook.com/brian.shatsky Brian Shatsky

        Ok all good. Fill your boots. Rest of comment still stands. And since the Supreme court does not travel in the same circles as Mr Ruby and Magder et al: this could take a while. Zero chance that this will happen before the next election. Once re-elected, he can immediately vacate his seat that we won in 2010. NO problem. But by then even less of the left agenda will be left Oh well.

        • OgtheDIm

          You seem to forget that council is running the city, not Robbo.

          He can’t even get a budget passed without his own allies adding to it.

          His only hope for a policy win against the left agenda in the future is if the Tories win Queens park and stop the Eglinton crosstown and rip up the streetcar tracks.

          • http://www.facebook.com/brian.shatsky Brian Shatsky

            Cant resist. Correct. 44 votes. BUt when was the last time you saw Adam Vaughan invited to Queens PArk? Province and Federales speak to the mayor, and if he was given 10 billion for subways, they would expect him to deliver subways. PM may address council, but has meetings with Hizzhonour. Metrolynx, if directed, would start digging tomorrow, and yes , at the behest of Premier Tim Hudak, who would scoop up votes at a per head cost of $5000.00 (for ten years it would take to build) NOw would you vote for that? Or 10 billion dollars worth of LRT’s?

          • tyrannosaurus_rek

            Queen’s Park and Ottawa speak to Ford because he’s the mayor, not because he has the balance of power in Council. You may recall Queen’s Park saying as much a year or so back, saying transit money goes to whatever transit plan Council backs, not whatever pipe dream the mayor shouts about. Council subsequently backed the LRT plan and left Robby high and dry.

      • Satya

        I’d have this to say to Clayton:

        Since you want to appeal the recent Rob
        Ford Court Decision to a higher court, may I suggest a higher level if the
        Supreme Court declines your appeal. You can refer the case to the International
        Criminal Courts. Perhaps you could charge Rob Ford with Genocide and Crimes against Humanity? How about violating the Rules of War?
        Collective Punishment?
        You might have something there because his appearance is farely offensive. Hey,
        you’ve got to try everything, don’t you?

  • http://www.facebook.com/magnusrapesyourface Magnus Buttfoorson

    This is a huge victory for Toronto. The supreme court should literally laugh this off with no response.

    Cry for me causehead fringe.

    • d

      Go read the conclusion of the court. I’ve hardly ever seen such a lame attempt at getting somebody off the hook as this.

      • http://www.facebook.com/brian.shatsky Brian Shatsky

        Well we can see what side you are on: So three Superior court judges, just tossed off an opinion because they had nothing else to do? Its called a process, and if you do not agree with the outcome, maybe cause its based on the facts not ponies and unicorns and fairy dust. Just cause youd ont agree with it doesnt make it lame. Go to law school, practice law, amass a reputation, write down your reasons, and THEN you can call another judges ruling lame. Or better yet, you can be on the Supreme court, and overturn it citing “Lame.”

        • elwyn

          go back to your mothers basement

          • http://www.facebook.com/brian.shatsky Brian Shatsky

            First myparents sold their house a long time ago, second my mother died of cancer, and third: that was a well reasoned arguement there: HIgh school education aint worth a damn these days, I guess. “Oh yeah? Yeah! Oh yeah? well your mudda wears boots…”

          • Bob Smith

            A high school education might not be worth much these days, but you would have been better off getting one. Here’s a challenge – go count your own spelling and grammatical mistakes in your posts. They make you look like the idiot you are.

          • http://www.facebook.com/brian.shatsky Brian Shatsky

            Last word to me: I do this as a hobby in my spare time when I am NOT working for a living. You on the other hand obviously have nothing else to do, and spend all of your time checking grammer and spelling. Methinks you may be operating from a position of under-employment, bored with a job that does not tap your potential. Rather than trying to get a “do-over” in life and politics why not upgrade your skills and get something that will fill your day with productive work, rather than name calling. Name calling starts when reasoned arguements end. Now I am willing to put forth a reasoned arguement any day of the week, and admit when I am wrong, AND have been known to be swayed. But when a rebuttle is “idiot” or “go back to the basement”, well then SOMEONE needs a tuning up on roberts rules (look it up) or good public speaking instruction. Rob Ford was elected to do a job, and rather than constructing a reply that you can be proud of, you would rather just.call.him.fat.or.dumb.or.a.fascist.or maybe.olivia.will.run..I would rather stand behind a public servant who has principals than a name caller or a poser. Now you would put a name at teh end of that sentence, I will not.

          • http://www.facebook.com/people/Neville-Ross/100002343524258 Neville Ross

            You and others like you have been ‘name calling’ for a while now, and yet now you want to be treated fairly? Get over yourself, get a life, and get cracking on what I’ve advised you beforehand.

          • http://www.facebook.com/people/Neville-Ross/100002343524258 Neville Ross

            Please get an education about the following before you vote:

            1) Public transit

            2) Municipal politics

            3) City planning

            Only then should you be giving your opinion about Rob Ford, or anything else.

  • OgtheDIm

    Based on a cursory reading of the judgement, that appeal isn’t going to go anywhere.

    • http://www.facebook.com/brian.shatsky Brian Shatsky

      Last comment for me: Right now the appeal leaves the matter of being awarded court costs open. Altho Ruby was free, IF they go to the Supreme, it will cost Ford a sh*tload of money, and for SURE he will go after court costs, if only to discourage flaky court challenges. Is Mr. Magder willing to bet his house? If he owns one..If he really wanted to make a point with the left on council, he should present the bill to the city (altho that might be counterproductive with his DNA………….

      • http://www.facebook.com/people/Neville-Ross/100002343524258 Neville Ross

        How about ‘No comments from you’, ever?

  • http://twitter.com/maharper82 Matthew Harper

    The (Supreme) Opaque Court of Canada will likely deny to hear any appeal and issue no justification for that decision.

  • truth_hurts

    paul magder shout just let it go…. here is a guy who defied sunday shopping years ago, breaking rules…. stupid hippocrite…. he should stop wasting tax payers money

    • http://www.facebook.com/brian.shatsky Brian Shatsky

      Oops, wrong Magder: This magder doesnt sell furs, he sells “chip-on-shoulder”

  • v79

    It’s time for Ruby and Magder to just let it go. The whole thing has been petty, partisan driven, and detrimental to the city. Nothing of importance would be accomplished by bringing it to the Supreme Court, it would simply further obstruct the work of the municipal government and needlessly drag out this unwelcome distraction. What’s much more pressing is for the province to get back to work so the blatantly flawed MCIA can be amended to prevent further ridiculousness and abuses of this poorly constructed law.

    • http://www.facebook.com/brian.shatsky Brian Shatsky

      Gotta drag out the process until Olivia Chow feels better. I was sorry to hear about her health issues, but I suspect that this section of council needs the best candidiate it can muster, and Olivia will have to be in fighting trim to take on Ford nation. I dont think there will be an appeal, but since Ruby works for nothing (what is it they say about paying for value (oh yes, you get what you pay for)) he could work for a lifetime on this case.

  • Mister_Sausage

    “The Court has let Rob Ford off on a technicality” So? The original conviction was on a technicality too. It wasn’t his money. There was no intent at malice.
    Hypocrite.