The appellant, Mayor Robert Ford, appealed a decision declaring his seat vacant for violating the Municipal Conflict of Interest Act (MCIA).
The application judge found the appellant breached the MCIA by speaking and voting on a council motion to rescind a previous council decision that required him to reimburse $3,150 in donations to his private football foundation.
The Divisional Court allowed the appeal, finding that the original reimbursement order was ultra vires the City of Toronto Act, 2006, which only permits reprimands or suspensions of remuneration for Code of Conduct violations.
Because the financial sanction was a nullity, the appellant did not have a pecuniary interest when he voted to rescind it, and therefore did not contravene the MCIA.