Ex-mayor Michael Applebaum can keep $268K in severance pay, judge rules

Former Montreal mayor Michael Applebaum can keep the $268,000 he received from the city after resigning from office, despite his conviction for fraud against the government.

Quebec Superior Court Justice Serge Gaudet ruled Monday Applebaum is entitled to the money because new rules prohibiting payments to elected officials convicted of crimes went into effect after he resigned.

Applebaum, who was first elected to council in 1994, became the city's interim mayor in 2012 but was forced to resign the following year when he was arrested on corruption charges.

In 2016 and again in 2018, the provincial law governing severance packages for municipal politicians was modified to exclude politicians convicted of certain crimes from receiving any public money when they leave office.

The city sued Applebaum to get its money back, but Gaudet said the law was not made retroactive, and therefore the city's former mayor is not required to return the money.

Montreal Mayor Valérie Plante told reporters she is disappointed with the ruling and has asked the city's lawyers what other recourse is available to recoup the money.

Applebaum was found guilty in January 2017 of eight corruption-related offences related to his time as borough mayor of Côte-des-Neiges–Notre-Dame-de-Grâce, including fraud on the government and breach of trust.

Both those offences are punishable by prison terms of up to five years.

Applebaum was granted parole in June 2017 after serving two months of a 12-month sentence.