The photo shows Ford posing with Mohammad Khattak, whose lawyers are in court Tuesday, and another man, who have both been charged in the drugs and weapons investigation Project Traveller. Anthony Smith, who was later shot and killed, is also in the photo.
Khattak's lawyers want access to the video, arguing their client's reputation is being harmed by being associated with it.
Ontario Superior Court Judge Ian Nordheimer ordered the Crown to bring the video to court Tuesday, when he is set to decide whether lawyers should be allowed to view it.
Crown attorney Grace Hession David said last week she has seen the video, and it has no bearing on the case because Khattak is not seen or heard in it.
Khattak's lawyers, however, say they want to see it because they argue their client's and his family's reputations are being damaged because the photo in question has been incorrectly linked to the video.
Toronto police Chief Bill Blair has said police recovered two videos of the mayor, including one with images that corresponded with those that media outlets reported appear to show Ford smoking crack cocaine.
Ford denied for months that the video existed. More recently — amid his stunning admission to having smoked crack cocaine — he has called for its release so that the public can judge its contents.
Another video surfaced publicly last week in which an extremely agitated Ford said he wanted to kill someone. The context of the video and the target of Ford's anger are unknown.
Ford will also face a battle in city council this week as a former ally, Coun. Denzil Minnan-Wong, leads a push for him to take a leave of absence. Minnan-Wong's motion also calls on Ford to apologize for "misleading" the city about the video's existence.
Ford has said he won't resign or take a leave, telling a supporter as recently as Monday, following the city's Remembrance Day ceremonies, that he's "not going anywhere."Suggest a correction