Tuesday, May 07, 2013

It just did dummy!

Joe Chan files appeal, continues to fight Katz's $3,000 bill at Hu's Asian Bistro

Tuesday, May 7, 2013
Cathay House restaurant owner Jo Chan leaves the Law Courts Building on Friday, April 5, 2013 in Winnipeg, Manitoba, after a judge ruled Mayor Sam Katz was not in conflict of interest when hosting a staff Christmas party at Hu's Bistro in December 2010. (Kevin King/Winnipeg Sun/QMI Agency)

Cathay House restaurant owner Joe Chan is continuing his legal fight in hopes of seeing Winnipeg Mayor Sam Katz booted from office for alleged conflict of interest.

Chan is appealing a Court of Queen's Bench ruling dismissing a conflict of interest allegation against Katz involving a 2010 Christmas party for city councillors and staff held at Hu's Asian Bistro, a restaurant Katz then owned.

The $3,000 party was billed to the city.

Documents filed by Chan with the Court of Appeal state Justice Brenda Keyser made mistakes in ruling April 5 to toss out his claim for a declaration Katz breached a section of the Municipal Conflict of Interest Act.

If Keyser had ruled in Chan's favour, the mayor would have been removed from office.

No date to hear his appeal has been set.

Keyser ruled she was "not convinced the legislation was intended to capture the situation (before the court)," adding the costs of an election to replace Katz would be "utterly disproportionate" to the allegations against him.

Chan, through lawyer David Matas, alleges this was an error on Keyser's part.

Keyser said Katz, "at best, is guilty of bad political and ethical behaviour" and it would be up to the electorate to decide if that warranted booting him from office.

She also ordered Chan to pay $10,000 in court costs.

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