TORONTO

Lawyer Clayton Ruby says Mayor Rob Ford shouldn’t get a penny out of Toronto resident Paul Magder.

Ruby, who represented Magder in the conflict of interest lawsuit that almost dumped Ford out of office, argued the case was not frivolous and that no costs should be awarded now that the mayor has won his appeal.

“It would be an embarrassment to the administration of justice if a government official were awarded costs against an ordinary taxpayer in a public interest case that was brought in complete good faith, particularly when the statute demands that a taxpayer — and only a taxpayer — can bring this important public issue before the courts,” Ruby argued Monday in his latest court filing.

Ford — who won an appeal of his conflict of interest case last month — is now asking Magder to cover the more than $116,000 in legal costs that he incurred fighting to stay in office.

The mayor’s lawyer argued the costs requested were “entirely reasonable” because Magder asked the court for around $150,000 in costs after the initial ruling that ordered Ford out of office.

But in his submission to the court filed Monday, Ruby reveals a “six-figure costs award” against Magder “would be devastating.

“(Magder) is a hard-working individual. He could not afford such an award,” Ruby states. “By contrast, (Ford) will likely be no worse off financially if he does not recover his costs.”

He argued Ford could have his legal costs covered by the City of Toronto and its indemnification policies.

To highlight the public importance of the case, Ruby pointed to last week’s city council meeting where the city’s integrity commissioner and solicitor issued a joint report on “the importance of this case in clarifying the city’s ethical framework.”

Ruby quoted Councillor Gord Perks — a foe of the mayor — who told council how helpful the case had been.

“It’s extremely important that we understand that this is a new area of law and as such involves and requires being tested in court,” Perks said last week.

Ford has not said publicly whether he would ask the city to cover his legal bills.

Legal staff confirmed last week Ford was entitled to submit his costs to the city now that he’s won his case.

Deputy Mayor Doug Holyday said last Thursday it is up to the mayor whether he seeks that money.

“Knowing him, I don’t think he will but I think the public should at least know that he’s probably entitled to,” he said.