The Court of Appeal has granted the provincial government`s request for a stay, returning Toronto`s election to a 25-ward race.Premier Doug Ford`s PC government, a court heard Tuesday, is now expected to abandon new legislation they were pushing through Queen`s Park. That would also bring an end to Ford`s unprecedented and controversial use of the `notwithstanding` clause to override charter rights.The decision came less than 24 hours after a day-long court hearing that saw provincial and city lawyers once again pitted against one another over the council cut.Despite the decision, there are more legal challenges expected.Since Ford announced legislation to cut the size of council to 25 wards on July 27, the city has opposed their interference in an election that was already three months underway with 47-wards in place.After Superior Court Justice Edward Belobaba overruled that legislation, Bill 5, on Sept. 10 in a decision that found the mid-election interference was unconstitutional.The province then asked the Court of Appeal to grant a stay, to put Belobaba’s decision on hold until an appeal could be heard.Last week, city clerk Ulli Watkiss became actively involved in the court challenge, saying she was reaching a point where she would not be able to hold the election with either a 25 or 47-ward scenario.In written materials filed with the court, Watkiss said she would continue to keep a contingency plan for 25-wards if the stay was not granted with new legislation moving through Queen’s Park to cut the size of council.The province surprised legal teams in an Osgoode Hall courtroom yesterday when Robin Basu announced the province would abandon Bill 31 if they got their way in court — what they said would provide the most certainty for the clerk going forward.That position, the city and others argued, amounted to a threat, that the province would only abide by the court’s ruling if they won.The election is still scheduled for Oct. 22. Ad ...
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