Rob Ford's request to stay ouster OK with complainant

Rob Ford's attempt to stay an order that he vacate the Toronto mayoralty will not be opposed by the complainant in the case.

Stay would absolve Ford from vacating his seat until an appeal process concludes

Paul Magder, at left, and lawyer Clayton Ruby, at right, have agreed to a stay of the order that Toronto Mayor Rob Ford vacate his seat. (Colin Perkel/Canadian Press)

Rob Ford's attempt to stay an order that he vacate the Toronto mayoralty will not be opposed by the complainant in the case.

"By breaking the law in such a flagrant manner, Rob Ford has put this city into unnecessary turmoil," said lawyer Clayton Ruby, who is representing the complainant Paul Magder, in a news release

"We are agreeing to this stay to give the city of Toronto a measure of stability, something that has been wholly absent during Mr. Ford's term in office."

Ford's lawyer Alan Lenczner will argue in court on Wednesday for the stay — which would absolve the mayor from vacating his seat until an appeal process concludes.

Lenczner told CBC News that he still has to present his arguments on Wednesday, despite having the support of Ruby and Magder.

Ruby, however, noted that he and his client are still opposed to granting Ford's appeal of the removal order imposed by Ontario Superior Court Justice Charles T. Hackland last Monday.

Hackland ruled the mayor broke the Municipal Conflict of Interest Act by taking part in a February council vote which absolved him from paying back $3,150 he had solicited for his football foundation from lobbyists. 

Ford's actions in the matter "were characterized by ignorance of the law and a lack of diligence in securing professional advice, amounting to wilful blindness," Hackland wrote in his ruling in which he stipulated the mayor must vacate the seat.

If Ford's stay application is unsuccessful, he would have to relinquish the mayoralty next Monday. Council would then have to declare his seat vacant, after which it has 60 days to either appoint a new mayor or call a byelection to replace him.

Appeal could happen early January

But Ford's appeal of the judgment could be heard as early as Jan. 7, with a decision following soon after.

Council could wait until an appeal ruling to decide what to do if it comes early enough.

The mayor's brother, Coun. Doug Ford said Monday, "I'm glad Paul Madger has given the mayor his blessing."

Coun. Shelley Carroll said Monday that, if a byelection is called, she'll part of an effort to challenge him.

"There are lots of people that will get into this election," Carroll said. "We'll work together so the city isn't jeopardized by the mayor's constant legal battles."

Coun. John Parker said he heard one message repeated by many people in his ward over the weekend:  "'Thank God, you are there. We're glad there's somebody there acting like a grownup,'" Parker said he was told.