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What's next for Toronto Mayor Rob Ford?

A ruling by an Ontario court judge that forces Rob Ford to vacate his mayoral role has opened up a legal and political quandary in Canada's largest municipality.

Mayor Ford's record

12 years ago
Duration 3:32
CBC's Ioanna Roumeliotis looks back at Toronto Mayor Rob Ford's tenure in office

A ruling by anOntario court judge that forces Rob Ford to vacate the Toronto mayoraltyhasopened up alegal and political quandary in Canada's largest municipality.

Having found that Ford had violated provincial conflict-of-interest rules for municipal politicians,Ontario Superior Court Justice Charles T. Hackland gave the mayortwo weeks in office beforethe ruling takes effect, saying the decision "will necessitate administrative changes in the City of Toronto."

But if Monday was any indication, those two weeks will be filled with intense legal speculation about whether Ford will seek a stay of the Hackland ruling while an appeal is heard, not to mention political intrigue as Ford opponents and supporters jockey to figure out how to replace him.

If he does go, there are currently two options on the table: appoint a caretaker mayor to fill the remaining two years of the term or call a byelection. And while it is early days yet, some councillors, including some previously loyal Ford supporters, are beginning to make their preferences heard.

On Friday, Fordreceived some positive news when Hackland amended his ruling allowing Fordtorun for mayorifcouncil decides to hold a byelection ahead of the 2014 municipal election.

Confusion over when Ford can run again

Therehad been someconfusion surrounding part ofthe judge's ruling. In one of the last paragraphs, Hackland wrotethat he would not disqualify Ford fromrunningfor or holdingoffice "beyond the current term."

The questionwas what thejudgemeant by"beyond the current term" and whether that referred to Ford's term as mayor, scheduled to end in December 2014, or whether he could run again immediately if a byelectionwere to becalled.

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Fordhas said he willstill appeal the decisionforcing him out of officeata divisional court. But in order toremain mayor while the appeal is moving forward,he would likely alsohave to apply for a stayof proceedings.

Ford's legal team could either ask that ofHackland, the lower court judge who made the initial decision or the court they are appealing to.

"They'd have to make the tactical decision, who's more likely to hear them out," Stephen D'Agostino, who specializes in municipal law, told CBC News. "Part of the consideration is going to be what are the chances on appeal.

"If it looks like it's a pretty iffy appeal, the court might say, 'We'll hear the appeal but you're out [of office].' On the other hand, if it's controversial but looks like it's a good appeal,a court might be more cautious."

Appeal could take months

Ifa staywasgranted,Ford would continue to be mayor for the duration of the appeal and legal process, which couldbe several months. His term is supposed to end in December 2014.

Yet there seem to be differing opinions over whether such a stay would be granted. John Mascarin, a municipal law expert who had predicted the judge's ruling, suggested on Monday that Ford would get a stay.

But D'Agostino told CBC News that he believesgranting a stay to Ford would be unprecedented.

"I've been involved in conflict of interest work for 15-odd years," he said. "I've never seen it done.

"The normal appeal rules would allow someoneto apply to courtto stay the decision that's being appealed, but I have never seen it done," D'Agostino said.

Ifa stay is not granted, the City of Toronto Act states that city council would have 60 days to eitherfill the vacancy by appointing somone to be mayor or bypassing a bylaw requiring a byelection be held to fill the vacancy.

The Globe and Mail reported that council had earlier passed a bylaw that would ensure that only an elected councillor could be appointed mayor under these circumstances,but it's unclear whether that bylaw would supersede the provincial act governing municipalities should there be a challenge.

As forcouncil'soption toappoint someone tofill themayoral void,the provincial act doesn't specify who that personshould bemeaning it could be anyone of voting age, and not necessarily someone from city council.

Adding another twist, if a stayis not granted, and Ford isbooted out of office, it's possible he could be reinstated if the appeal court sides with him, meaning the person who had replacedhim as mayorwould in turn be replaced by Ford at some future date.

Byelection would cost $7M

Meanwhile, many city council members were cautious in their remarks about the possible mayoral vacancy andwhich option they might consider a$7-million byelection or the appointment of an interim mayor until 2014.

Some took to Twitter to say that Ford was entitled to his appeal process, while others were raising names of those who might succeed the mayor.

Deputy Mayor Doug Holyday told CBC News that he'd favour an appointment if that person's agendawas similarto the mayor's. He later said he wouldn't rule out a run himself if a byelection were called.

Coun. Mike Del Grande, another Ford supporter on council, toldthe Globe and Mail that he wouldlike to see the fiscally conservativeHolyday in that post if council was to go the appointment route.

But Coun. PaulaFletcher told theGlobe and Mail thatshe thought two years is too long for a "caretaker" to run the city.

The rulinghas alreadyprompted some to reconsider their political future. Coun. Giorgio Mammoliti, a loyal Ford supporter,quit the mayor's executive committee, saying his constituents have asked him to put some distance between himself and the embattled mayor.

With files from The Canadian Press