The second day of a $6 million libel trial involving Rob Ford and the owner of Tuggs Inc., which runs the Boardwalk Pub, started with a “curveball.”

The trial was initially slated to last four days, but the emergence of the tape means a Toronto Sun reporter probably won’t have to take the stand. Ford’s lawyer, Gavin Tighe, called it a “curveball.”

This would have bumped up the mayor’s testimony, except that Ford informed court he is unavailable Thursday afternoon.

Ford has refused to say why, but the mayor’s high school football team has an important game at 2 p.m. in Scarborough.

Judge John Macdonald pressed for details, since extending into next week will affect other trials.

“Why can’t we sit tomorrow afternoon?” Macdonald asked. “I’m able to make accommodations if accommodations are necessary. Why can’t we sit tomorrow?”

Ford’s lawyer, Gavin Tighe, simply said the mayor was unavailable.

The word “football” was never spoken.

Both sides agreed Ford will take the stand Friday.

In court Wednesday, Tighe went after restaurateur George Foulidis about his motivations for launching the lawsuit. Tighe pointed to the fact that nowhere in the Sun article did Ford say “George Foulidis.”

“How does he owe you $6 million because the Toronto Sun decided to put your name in the article?” Tighe said, noting Foulidis opted not to sue the newspaper.

Tighe also argued that the foundation of the lawsuit is flawed. One of the main points of contention in the statement of claim is the lead paragraph of the story, which paraphrases the then mayoral candidate as saying the city’s contract with Tuggs Inc. “smacks of civic corruption.” But Ford never specifically uttered those words, his legal team insists.

Defence lawyer Gavin Tighe has continuously stated that “we don’t really know” what was said or suggested at that meeting, given the fact there is — or was — no tape.

This debate will soon be settled. The recording is expected to be entered into evidence and made public Thursday.

Earlier in the day, Foulidis was brought to near tears on the witness stand as he described the emotional toll Ford’s allegations had on his family.

“My wife was distraught over it ... my daughter …” Foulidis stopped to catch his breath, “… was 10 at the time. She asked me if I had done anything wrong.”

He said that after Ford suggested there was money being exchanged under the table in connection with the contract the city signed with the Foulidis’ family restaurant, the Boardwalk Pub, strangers began harassing them.

Foulidis said people would show up outside the Beach restaurant wearing T-shirts that read: “bribe.” Customers stopped coming. And people in the community accused him of being a criminal.

“I was very hurt by that article,” Foulidis said, referring to the Sun story quoting Ford. “I was humiliated. I felt like a criminal.”

But Foulidis’ moment was short-lived.

During cross-examination, Tighe went after Foulidis’ character, grilling him about a 1994 lawsuit launched against his mother by Pilot insurance.

In the 1980s, Foulidis’ mother was involved in a car accident and received insurance benefits. Later on, she also received workers’ compensation. Pilot sued. When the company came after her, Foulidis’ parents transferred the ownership of the home into the father’s name alone.

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George Foulidis had been made his mother’s power of attorney and gave his parents financial advice. A judge ruled the father, John Foulidis, was liable. The decision was upheld in a court of appeal in 2005. That court documentation has been posted on the defence law firm’s website.

Tighe said this was an example of Foulidis being involved in fraudulent activity and questioned whether his reputation had been tarnished before Ford’s corruption comments.

To this Foulidis agreed that a court had concluded there was fraud in the deal, but he didn’t see it that way.

The Boardwalk Pub emerged as a lightning rod during the 2010 municipal election. Ford and other council candidates pointed to the sole-source deal to extend the Foulidises’ 20-year lease as an example of waste at city hall.

Ford was in court Wednesday morning, but left after the lunch break. He arrived at a Don Bosco practice around 4:45 p.m., long after the 3 p.m. start. Five other coaches had been running the drills.

Follow the trial at thestar.com where @robyndoolittle is liveblogging testimony.

With files from Jeff Green

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