Rob Ford Transit City: Toronto Mayor Didn't Have Authority To Unilaterally Ditch Plan, According To Legal Opinion

First Posted: 01/30/2012 11:30 am Updated: 01/30/2012 12:27 pm

Rob Ford Transit City
Toronto city councillor Joe Mihevc alleges Mayor Rob Ford didn't have the legal authority to cancel the city's transit plan in December 2010. (CP)

TORONTO - A Toronto city councillor alleges Mayor Rob Ford didn't have the legal authority to cancel the city's transit plan in December 2010.

Coun. Joe Mihevc says Ford didn't have the authority to act upon a memorandum of understanding with the province without first getting the direction and support of council.

Ford replaced the Transit City mass transit plan for Toronto with his subway-based plan almost as soon as he took over as mayor.

He said Monday he did what the taxpayers wanted.

But Mihevc says he has received a legal opinion stating that Ford didn't have the power to make alternative transportation plans without consulting council.

Mihevc went to legal firm Cavalluzzo Hayes Shilton McIntyre and Cornish for the independent legal opinion regarding Ford's authority to unilaterally rescind Transit City.

Mihevc is calling on Ford to bring the matter immediately to city council for discussion and resolution.

"Transit City is the official council position and no staff either at the city or the TTC (Toronto Transit Commission) should be working on anything else," Mihevc said Monday.

The legal opinion notes that Ford has not sought council approval for the changed transit plan and any work already underway doesn't have council's authority.

"The history of Transit City pre-Mayor Ford is an example of how such initiatives are lawfully pursued," the legal opinion released Monday states.

Asked about the issue, Ford said: "I didn't overstep my boundaries, I did what the taxpayers want."

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Filed by Michael Bolen  |