Hazel McCallion’s lawyer will try to have a conflict-of-interest allegation thrown out before the case goes to a full trial.
Freya Kristjanson said in a preliminary hearing in Superior Court on Thursday that she plans to file a motion arguing that the accusation against McCallion was made outside the time limit set under the Municipal Conflict of Interest Act.
The Act states an elector must file an application for the issue to be dealt with within six weeks of learning about any alleged conflict.
The application by Mississauga resident Elias Hazineh alleges that McCallion contravened the Act when, in 2007, she voted on Peel Region development charge issues that could have saved her son’s company $11 million.
At Thursday’s hearing, Kristjanson said she will also file a motion, in case her first one fails, to have witnesses called. The Act outlines the usual process for such cases, in which a judge makes a decision after considering documentation provided by both sides, without calling witnesses.
Hazineh’s lawyers agreed to allow the motions, which will now be dealt with June 25, when the case resumes before the court.
If found guilty of conflict of interest, McCallion could be asked to step down as mayor.
She was found guilty of conflict of interest in a previous case in 1982.