Those wishing to run in the municipal election will have until Friday to register as candidates following a decision by an appeal court which restored the 25-ward election.

In a news release issued on Wednesday afternoon, the city said that prospective candidates for councillor and school trustee will be able to register at city hall from 8:30 a.m. to 4:30 p.m. on Thursday and Friday, if they have not already done so.

The reopened nomination period comes after a three-judge panel ruled in favour of setting aside Superior Court Justice Edward Belobaba’s Sept. 10 ruling, which had deemed the government’s council-cutting Bill 5 unconstitutional.

“Today, the Court of Appeal for Ontario stayed the Superior Court of Justice decision of September 10 and reinstated Bill 5, Better Local Government Act, 2018 requiring the Toronto municipal election on October 22 to proceed on the basis of 25 wards,” the news release from the city states. “As a result of the Court of Appeal’s decision and in order to conduct a municipal election in October 2018, the nomination period will reopen for the offices of councillor and school board trustee on Thursday, September 20 and Friday, September 21 from 8:30 a.m. to 4:30 p.m. daily.”

The initial bill slashing the size of council had included a nomination deadline of Sept. 14 but the clerk stopped accepting nominations on Sept. 10 after Belobaba’s ruling.

At the time the clerk stopped accepting nominations there were numerous incumbents who had not yet registered and there was some concern that those people would not be given an opportunity to run in the event that a stay was granted.

“There is a level of frustration because people are trying to register and right now they cannot but Mr. Ford and the Minister of Municipal Affairs and Housing have clearly outlined that they would permit a two-day period once the dust settles,” Coun. Kristyn Wong-Tam, who has not yet registered for the 25-ward race but intends to, told CP24 earlier on Wednesday afternoon.

Lawyer says result of election could be ‘invalidated’

While the issuance of a stay restoring Bill 5 does provide some clarity to voters, it doesn’t mean that the controversy over the Oct. 22 election is over.

In fact, the lawyer who initially sought legal action against the province says that it could lead to a disputed vote.

The appeal court’s does not overturn the initial ruling. It only sets it aside pending an appeal, which could be held as early as November.

Speaking with CP24 after the decision was released, lawyer Rocco Achampong said that the possibility now exists for the result of the vote to be disputed and potentially overturned, if the initial ruling is eventually upheld.

“It is far from over. The ruling at the lower court has not had a full appeal. This motion for a stay is to suspend a ruling until we have a full appeal,” he said. “The prospect of success still exists for the applicants so there is a situation that could be created where we have a 25-ward election, Justice Belobaba’s ruling is upheld and we revert back to a 47-ward election, effectively invalidating the election that will be held on Oct. 22.”

The government argued that the stay was necessary to provide certainty for voters, but Achampong noted that it may just have “prolonged the lifeline of this controversy.”

He said that it is now possible that a vote could be held on Oct. 22, only to be overturned at a later date. In that scenario, he said it is theoretically possible that Torontonians would have to go back to the polls in November or December.

In their written the decision, the three judges who heard the request for the stay said that there is a “strong likelihood that application judge erred in law” and the appeal of the lower court’s ruling will be successful.

Achampong, who was registered as a candidate in the 47-ward election, said that it will be “very difficult” to persuade another three-judge panel that those who issued the stay were “collectively wrong”

With that in mind, he said that it may be “time to perhaps see the election through” and to “move on for now.” But he said that he nonetheless has real questions over the legitimacy of the Oct. 22 vote.

“This election in my opinion is controverted and I think there will be a class action to invalidate it all,” he said.

The current term of council expires at midnight on Nov. 30.

Mayor John Tory said the city’s lawyers have been given a “clear direction to continue to fight.”

“The appeal itself was not argued yesterday. The appeal will be argued going forward,” Tory told reporters at city hall on Wednesday. “The judges yesterday didn’t hear the full submissions.”

“Today’s decision does provide clarity for now. I have opposed and continue to oppose the provincial government’s actions,” Tory continued.

When asked about his relationship with Ford going forward, Tory said he has proven he can work with different premiers and prime ministers.

“Everybody is different to deal with but I have said many times before I believe that Premier Ford and myself have common interests in moving the city forward,” he noted.