Mayor Rob Ford and Councillor Doug Ford are being taken to court by Toronto resident and activist Jude MacDonald for allegedly violating the Municipal Conflict Of Interest Act. This is the second time the mayor has faced such charges but the first go-round for his brother.
In the application, filed in Superior Court by lawyer Tim Gleason, MacDonald alleges that the Fords improperly mixed their personal and public interests by speaking and/or voting on a slew of council items that directly or indirectly affected clients of their family business, Deco Labels and Tags.
The identities of nearly all of Deco’s clients remained a well-kept secret until this past summer, when Globe reporters viewed an internal list. The majority of allegations in MacDonald’s application stem from the paper’s resulting story that highlighted several instances in which the Fords advanced policies that aligned with their clients’ interests.
Porter Airlines, for example, was among the firms that have reportedly contracted printing from Deco. And not only was Mayor Ford the salesperson listed on the account, according to the Globe, but Deco “salespeople – including the Fords – receive commissions whenever one of their accounts places an order.”
As chief magistrate, Ford has taken a very active interest in facilitating Porter’s request for jets at the Island airport and has never once declared a conflict on the matter. (It’s worth noting that if John Tory were to become mayor, he would very likely have a conflict on the same issue.)
Other alleged conflicts include:
• voting on a motion pertaining to an industrial wastewater treatment program in which both Deco itself and one of its clients were enrolled
• voting on and advocating against a new set of “healthy vending criteria” for vending machines in rec centres that would have adversely affected Deco client Coca-Cola
• voting on and advocating against a ban on the sale of bottled water at City facilities that adversely affected Deco clients Nestlé Canada and Coca-Cola (which produces Dasani)
• and voting on and advocating for the appointment of Darius Mosun – chair and CEO of Deco client Soheil Mosun – to the board of the Toronto Parking Authority.
If either or both Fords are found to have violated the Act, the judge must declare their seat(s) vacant and may disqualify them from holding office for up to seven years. (It’s not immediately clear how the first, mandatory penalty might apply to a Council member who’s switched offices since a breach occurred, but it’s likely that the second, discretionary penalty could be used to the same effect.) If, however, the Fords successfully argue that a conflict came about through inadvertence or an error in judgment, or that their interest was so remote as to be unlikely to have influenced them, they’re off the hook.
In November 2012, a Superior Court judge ruled that Ford broke the Act when he voted to overturn an earlier Council decision ordering him to repay money he’d solicited from lobbyists for his football foundation. The judge ordered the mayor out of office, but the Divisional Court overturned the ruling on a technicality.
This is at least the fourth notice of civil action served on Rob Ford since becoming mayor, and at least the second for Doug since becoming councillor. (An additional defamation suit, brought by Boardwalk Pub owner George Foulidis, was commenced just prior to the last election.)
The court application and MacDonald’s accompanying affidavit are below.
