Sunday, January 29, 2012

Rob Ford had no authority to cancel Transit City

Since the mayor had no legal authority to enter into the memorandum of understanding, it shouldn’t be acted upon until council approves it, say the lawyers.

The Toronto Star:

A report by a respected Toronto law firm says Mayor Rob Ford exceeded his legal authority when he cancelled Transit City without city council approval.

It says the mayor had no business entering into a non-binding memorandum of understanding with the province that authorized a new transit plan, including a Sheppard subway and a longer tunnel on the Eglinton light rail line. It says he further overstepped his powers when he told TTC chief general manager Gary Webster to stop work on Transit City.

Since the mayor had no legal authority to enter into the memorandum of understanding, it shouldn’t be acted upon until council approves it, say the lawyers. Until that happens, it is only an agreement in principle.

Mihevc is calling on the mayor and city manager to bring the transit issue before council immediately.

According to the report by lawyers Freya Kristjanson and Amanda Darrach, Ford “did not follow the proper procedure for obtaining City Council’s authorization to rescind Transit City and develop and approve an alternate plan.”

“Under the City of Toronto Act, the power of the city resides in City Council. The Mayor of Toronto has very little independent authority beyond his role as head of City Council. Unless specific power is delegated to him, the mayor does not have the authority to speak for the city independently,” wrote the lawyers, from Cavalluzzo, Hayes, Shilton, McIntyre & Cornish.


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