INTRODUCTION
The Ontario Court of Appeal made headlines recently when it
released its decision in Karygiannis v. Toronto (City), 2020 ONCA 411, removing Toronto City
Councillor Jim Karygiannis from office for the second time this
term.
While most of the focus has been on its political implications,
the decision provides important clarification of the campaign
financing laws set out in the Municipal Elections Act,
1996 (the “MEA”). The decision
should serve as a cautionary tale to candidates for municipal
office. Those who do not correctly file financial statements can
and will be removed from office with no chance for judicial
intervention.
BACKGROUND
Mr. Karygiannis was re-elected to office on October 22, 2018.
When he first submitted his campaign spending report, he disclosed
expenditures within the general spending limit of $61,207.80, and
the limit on expressions of gratitude of $6,120.78 (being 10% of
the total spending limited). However, following an
