The Rob Ford conflict of interest trial was a civil action by Paul Magder versus Toronto Mayor Rob Ford, held in Toronto, Ontario, Canada. The action began in March 2012 and finally concluded in June 2013, including a trial in September 2012 and an appeal in January 2013. Under Ontario law, politicians are required to disclose conflicts of interest and excuse themselves from votes at municipal government councils. Magder alleged that Ford had broken the Ontario law by voting at Toronto City Council on a motion of paying back money that Ford had raised for his private football foundation. The initial trial judge found Ford guilty and ordered removed by office, allowing the decision to be stayed and appealed. The appeal court found that Ford did violate the conflict of interest law, but the vote of Council itself was not in order, as demanding that Ford pay back the money was beyond the penalties allowed by Ontario law. The case was appealed to the Supreme Court of Canada, but the Supreme Court chose not to listen to the appeal, allowing the appeals court judgment to stand and Ford remain mayor.
If Ford had been removed, he would have been the first Toronto mayor removed from office. Ford is the only Toronto mayor who has been found in conflict of interest. The trial raised several issues related to the Ontario law of conflict-of-interest. The only penalty is removal from office. Another is that the law's disallowal of a person to speak on an issue directly affecting that person denies that person the right to speak in defence.
Chronology
In August 2010, the City of Toronto's Integrity Commissioner Janet Leiper ruled that Councillor Ford had not followed City Council's Code of Conduct and had abused his council position by using official letterhead and other council resources in fund-raising letters for his football foundation and had raised approximately $40,000 for the foundation. In the report, the commissioner had noted that donors had included lobbyists, clients of lobbyists and a corporation which did business with the City of Toronto. Ford had accepted $3,150 on behalf of the foundation from these donors. and the commissioner indicated that Ford should pay back this money. Ford indicated that he would challenge the report at Council, stating that he was being treated unfairly. He publicly asked "why the integrity commissioner doesn't investigate the $12,000 retirement party for Kyle Rae or the $6,000 French lessons for Adam Giambrone. Or better yet, why not that Tuggs deal, that 20-year lease behind closed doors. Why doesn't she investigate that?"
On August 25, 2010, City Council debated the integrity commissioner's report. Ford participated in the report discussion and the vote after being warned by then-Council Speaker Sandra Bussin that he was in a potential conflict of interest. Council agreed with the commissioner and voted 26–10 for Ford to return the money. In the months following the meeting, Ford discussed the repayment with his donors. Several did not want repayment and Ford forwarded letters from several donors expressing their wishes to the integrity commissioner. By February 2012, Ford had not paid the amount and the matter was raised at a February 7, 2012 City Council meeting.
Ford spoke and voted at the February 7 meeting: "[A]nd if it wasn't for this foundation, these kids would not have a chance. And then to ask for me to pay it out of my own pocket personally, there is just, there is no sense to this. The money is gone, the money has been spent on football equipment ..." City Council voted on a motion "[t]hat City Council rescind the previous decision made under Item CC52.1 and direct that no further action be taken on this matter", which carried by majority, 22 voting Yes, 12 No, with 11 absent.