Law Times - Newsmakers

top newsmakers Toronto Mayor Rob Ford faced several legal battles this year. Lenczner starts 2013 with big win for famous client Litigator helps Rob Ford keep his job By Glenn Kauth Alan Lenczner is admittedly an odd choice for one of the top newsmakers in Ontario's legal profession this year. While he wasn't necessarily in the news himself in 2013, he was very notable for his improbable legal victory on behalf of a very noteworthy client: Toronto Mayor Rob Ford. It seems long ago considering the crack cocaine scandal and other allegations that have arisen against Ford since May, but there was a time when everyone thought the mayor might lose his job over a seemingly more mundane matter: conflict of interest. That result seemed possible or even likely when, in late 2012, Superior Court Justice Charles Hackland ruled Ford had violated conflict of interest rules when he participated in a city council vote on whether he should repay money he had raised for his football foundation using city letterhead. The city's integrity commissioner had suggested city council require Ford to reimburse $3,150 in donations made by lobbyists and corporate donors. It was a small Alan Lenczner pulled off a big victory on behalf of one of Canada's most famous litigants this year. amount of money for the wealthy Ford, but he landed himself in plenty of trouble after Toronto resident Paul Magder challenged his participation in the vote under the Municipal Conflict of Interest Act. Hackland stunned many observers when he found Ford had breached the act and ordered his removal from office. While it was a surprising decision, there was a certain logic to it since Ford arguably had a pecuniary interest in not paying back the $3,150. He appealed, however, with Lenczner making what some considered improbable legal arguments. Principally, he and fellow counsel Andrew Parley said the order to repay the money was ultra vires the powers of council under the City of Toronto Act and, as a result, its August 2010 motion and everything that flowed from it were a "nullity." Also, they argued council's code of conduct was merely a "policy document" and that it wasn't open to city council to require reimbursement as an "authorized penalty." Many legal experts thought Ford's chances of winning on appeal were slim, especially since he had raised many of the same arguments before Hackland, but the Divisional Court brought another surprise when it sided with Lenczner. "Nevertheless, the respondent did not contravene s. 5(1) because the financial sanction imposed . . . was ultra vires," wrote the court on Jan. 25, essentially agreeing with one of Lenczner's key arguments. It was a major victory for Lenczner on behalf of a colourful and challenging client. But with Lenczner's long record of big victories and actions on behalf of high-profile clients, including the landmark International Corona Resources Ltd. matter, the fact he was the winning counsel in this case is probably the least surprising aspect of Magder v. Ford. 2013 top news, newsmakers, and cases 5

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