Toronto Coun. Maria Augimeri says she will try to appeal a court ruling ordering a byelection in her ward.
Her announcement comes three days after the city clerk decided not to appeal last month's ruling by an Ontario Superior Court Justice that the vote in Ward 9 during last year's municipal election showed several "irregularities" and should be held again.
According to the ruling, a byelection would have to be held for councillor in Ward 9 and another for school trustee in Ward 4. Ward 4 school trustee Stephnie Payne, who prevailed by 56 votes over challenger Mike Sullivan, has already said she is appealing the ruling.
"The clerk’s advice not to appeal does harm to taxpayers as well as to the integrity of our electoral system," said Augimeri in a Monday statement. She said she will first ask that the court ruling be set aside.
If it is not set aside, Augimeri will seek to appeal under the Municipal Elections Act.
The legal wrangling over the election got underway after challenger Gus Cusimano raised concerns about voting irregularities.
Cusimano lost by only 89 votes to Augimeri, the incumbent. After the election, Cusimano filed a legal challenge that focused on electoral officers' missing signatures on 426 of the more than 1,100 forms used to change the voters list on election day.
The byelections were scheduled to be held July 25.