The filed record
Declaring a Vacancy in the Office of Councillor, Ward 22, Scarborough-Agincourt
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The decision
2020-06-29 · Toronto City Council · adopted
As filed
City Council on June 29 and 30, 2020 adopted the following: 1. City Council declare a vacancy in the office of Councillor, Ward 22 - Scarborough Agincourt. 2. City Council defer making a decision as to whether to fill the vacancy by appointment or by passing a By-law requiring a by-election until the September 30, 2020 Council meeting, pursuant to authority established by Ontario Regulation 73/20, an Order made under section 7.1(2) of the Emergency Management and Civic Protection Act.
On the agenda
As the city filed it
The purpose of this report is to advise Council of the vacancy in the office of Councillor Karygiannis for Ward 22, resulting from the Court of Appeal decision of June 24, 2020. On November 6, 2019 the City Clerk served a notice of default on Jim Karygiannis pursuant to s. 88.23(3) of the Municipal Elections Act (the "Act"). This notice advised him that he had filed a financial statement that showed on its face that he had incurred expenses exceeding what was permitted.
Show the rest of As the city filed it, 1,364 more characters as filed
By operation of law, he had forfeited the office of Councillor for Ward 22. Mr. Karygiannis applied to the Superior Court of Justice seeking relief from forfeiture. The Superior Court granted him this relief on November 25, 2019, and he resumed the office of Councillor for Ward 22 at the time. The Superior Court of Justice decision was appealed by a member of the public and the Court of Appeal has set it aside, issuing a declaration that Mr. Karygiannis is subject to the penalties imposed by section 88.23(2) of the Act, which include the forfeiture of his seat as City Councillor for Ward 22. The Court of Appeal's decision was issued on, and is of force and effect as of, June 24, 2020. The report recommends that City Council declare Ward 22 vacant as required by the City of Toronto Act, 2006. The report further recommends that City Council defer making a decision as to whether to fill the vacancy by appointment or by passing a by-law requiring a by-election until the September 30, 2020 Council meeting, pursuant to authority established by Ontario Regulation 73/20, an Order made under section 7.1(2) of the Emergency Management and Civic Protection Act. The City Clerk will report further to the September 30, 2020 Council meeting with options to fill the vacancy including costs, timelines and pandemic considerations associated with those options.
Staff recommended
The City Clerk recommends that: 1. City Council declare a vacancy in the office of Councillor, Ward 22 - Scarborough Agincourt. 2. City Council defer making a decision as to whether to fill the vacancy by appointment or by passing a by-law requiring a by-election until the September 30, 2020 Council meeting, pursuant to authority established by Ontario Regulation 73/20, an Order made under section 7.1(2) of the Emergency Management and Civic Protection Act.
On the record
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