News   GLOBAL  |  Apr 02, 2020
 9.3K     0 
News   GLOBAL  |  Apr 01, 2020
 40K     0 
News   GLOBAL  |  Apr 01, 2020
 5.3K     0 

Status
Not open for further replies.
So Ford's lawyer is admitting there was corruption? And the problem is that it wasn't pointed out sooner? Because if it isn't pointed out until later, it's all good?
 
Screen Shot 2015-07-17 at 12.20.16 PM.png


Screen Shot 2015-07-17 at 12.20.52 PM.png
 

Attachments

  • Screen Shot 2015-07-17 at 12.20.16 PM.png
    Screen Shot 2015-07-17 at 12.20.16 PM.png
    74.1 KB · Views: 486
  • Screen Shot 2015-07-17 at 12.20.26 PM.png
    Screen Shot 2015-07-17 at 12.20.26 PM.png
    74.3 KB · Views: 175
  • Screen Shot 2015-07-17 at 12.20.52 PM.png
    Screen Shot 2015-07-17 at 12.20.52 PM.png
    24.5 KB · Views: 487
Last edited:
So Ford's lawyer is admitting there was corruption? And the problem is that it wasn't pointed out sooner? Because if it isn't pointed out until later, it's all good?

No, he's arguing along the lines of "even if there was a conflict - not admitting that there was - the complaint is too late". He does not have to admit that there was conflict in order to make that argument, and if the court were to buy his argument that the complaint is too late then, from the perspective of the court application, the question of whether or not there was a conflict would become irrelevant. (If, say, I breach my contract with you but you do not try to sue me until the limitation period for suing me has expired that will not mean that I didn't breach the contract but it will mean that it is too late for you to get the court to give you a remedy for my breach.)
 
So ... is there a time period in which a citizen is required to point out corruption?

I think Mr. Caple nailed it in the tweet you posted above.
 
So ... is there a time period in which a citizen is required to point out corruption?

I think Mr. Caple nailed it in the tweet you posted above.

Six weeks from the point at which the citizen becomes aware of the conflict to file, up to six years after the date of the transgression. Jude's affidavit details how she became aware, and in great detail. Sounds like Fords' lawyer is arguing that a) Jude is lying and/or b) if she didn't know sooner, she should have, based on publicly available community council meeting notes where Doug Ford once declared a conflict. Once.
 
Last edited:
So ... is there a time period in which a citizen is required to point out corruption?

Yes. The Municipal Conflicts of Interest Act provides:

Screen Shot 2015-07-17 at 1.24.28 PM.png


The Fords' lawyer seems to be trying to argue that the 6 weeks ought to be counted from when, he claims, Jude MacDonald "ought to have known". That seems a weak argument to me, given that the statute says "comes to his or her knowledge", not "became or ought to have become known to him or her".
 

Attachments

  • Screen Shot 2015-07-17 at 1.24.28 PM.png
    Screen Shot 2015-07-17 at 1.24.28 PM.png
    57.1 KB · Views: 479
Last edited:
Thank you for that clarification. I agree that "ought to have known" seems like a weak argument. Is it expected that every citizen reads all council minutes, so we should all "ought to know"? The statute makes sense (to my non-legal eyes) -- you happen to be reading the minutes/reports/documents and note the conflict.
 
Thank you for that clarification. I agree that "ought to have known" seems like a weak argument. Is it expected that every citizen reads all council minutes, so we should all "ought to know"? The statute makes sense (to my non-legal eyes) -- you happen to be reading the minutes/reports/documents and note the conflict.

Seems like the judge agrees with you and me:

Screen Shot 2015-07-17 at 1.52.04 PM.png
 

Attachments

  • Screen Shot 2015-07-17 at 1.52.04 PM.png
    Screen Shot 2015-07-17 at 1.52.04 PM.png
    31.3 KB · Views: 682
Status
Not open for further replies.

Back
Top