Toronto Star

Karygianni­s ousted again over election spending

Appeals court overturns decision that allowed councillor to return

- JENNIFER PAGLIARO CITY HALL BUREAU

Scarboroug­h Coun. Jim Karygianni­s has once again been removed from office with the Court of Appeal overruling an earlier decision.

The decision from a panel of three judges was released in writing Wednesday morning after a virtual hearing in the case last month.

Karygianni­s, who represents Ward 22 (Scarboroug­h-Agincourt), was first removed from office in November after his campaign financial statement showed he had grossly overspent a strict limit in the 2018 municipal election.

But later that month, a Superior Court judge agreed with the councillor’s lawyer that an error in his campaign paperwork had been made “inadverten­tly” and that an “absurdity” in the law existed that didn’t allow for relief from that automatic penalty.

Toronto resident Adam Chaleff, a fair elections advocate, challenged that decision at the Court of Appeal. He argued the lower court judge did not have the discretion to return Karygianni­s to office under the provincial laws that apply to municipal elections. He also argued that even if the judge was able to reinstate the councillor, he shouldn’t have in this case, calling Karygianni­s’ overspendi­ng a “blatant violation” of the rules.

The unanimous Court of Appeal decision on Wednesday concluded that while the penalties set out under the Municipal Elections Act were “harsh” in some cases, “forfeiture is clearly what the legislator­s intended.” The decision noted that had Karygianni­s filed his statement earlier and not at the filing deadline, there would have been an opportunit­y to correct and refile any inadverten­t errors.

“Granting relief from forfeiture would amount to rewriting or repealing the statute, revoking the very consequenc­e for breach of the statute that the legislatur­e prescribed,” according to the written ruling.

For those reasons, the judges found the court did not have jurisdicti­on to reinstate him and therefore the rules under the Act that saw Karygianni­s automatica­lly ousted in the first place still apply.

While they didn’t rule on whether reinstatem­ent should have been granted in any case, the judges said they were not convinced the filing showing the excess spending was simply a “clerical error” as Karygianni­s claimed.

Karygianni­s could not immediatel­y be reached for comment.

Chaleff told the Star Wednesday he felt justified by the decision. “It was a difficult pill to swallow when the Superior Court decided to rewrite, in effect, the Municipal Elections Act and it’s gratifying as a citizen who feels that elections are a really important part of our democratic processes that the Ontario Court of Appeal is upholding some of the must fundamenta­l checks and balances involved in our local elections,” Chaleff said.

 ?? STEVE RUSSELL TORONTO STAR FILE PHOTO ?? Coun. Jim Karygianni­s, right, was first removed from office last November after his campaign financial statement showed he had exceeded a strict spending limit in the city’s 2018 election.
STEVE RUSSELL TORONTO STAR FILE PHOTO Coun. Jim Karygianni­s, right, was first removed from office last November after his campaign financial statement showed he had exceeded a strict spending limit in the city’s 2018 election.

Newspapers in English

Newspapers from Canada