A Toronto businessman who ran for city council in the 2010 election pleaded guilty Monday to breaching the Municipal Elections Act by voting for himself in a ward in which he did not live.

Gus Cusimano was a candidate in Ward 9 (York Centre) who lost to Councillor Maria Augimeri by 89 votes.

“Mr. Cusimano voted in an advance poll at North York Civic Centre on Oct. 7, 2010, based upon his belief at that time that he could vote where he leased property,” lawyer Michal Fairburn told court, reading from an agreed statement of facts.

“However, since Mr. Cusimano resides in Ward 24 (Willowdale), he should only have been able to vote for candidates for the elected offices applicable to Ward 24.”

Cusimano leased property at 951 Wilson Ave., Unit 18, which he used as his campaign office. It is within the bounds of Ward 9.

Fairburn told Justice of the Peace Sandra Anstey that prior to the 2010 election the city took steps to inform the public that individuals must vote where they reside.

Defence lawyer Lorne Honickman told court that Cusimano made an “honest, inadvertent mistake.”

Nevertheless, the Ontario Court of Appeal, in 2011, ruled offences under Section 89 of the Municipal Elections Act were “absolute liability offences.”

“That is, it does not matter if an individual had an honest but mistaken belief about where he or she can vote,” said Fairburn, a prominent lawyer hired by the city of Toronto to prosecute Cusimano. “Once it has been shown that the act of voting in a ward other than where an individual resides took place, the offence is complete.” By contrast, candidates can run in wards even if they don’t live there.

Anstey agreed to the joint position that Cusimano should pay a $1,000 fine. Fairburn withdrew a second charge of providing false and misleading information to election officials.

Cusimano, who owns an insurance company, said he is “definitely” running in next year’s municipal election. “I truly believe I did nothing wrong at the time,” Cusimano said outside the Old City Hall courtroom.

Honickman credited his client for “exposing errors of election officials” by taking the city to court over irregularities.

Loading... Loading... Loading... Loading... Loading... Loading...

“Because of the microscope that he put on the City of Toronto election process, we can say now it’s going to be a better process in 2014,” Honickman said.

Augimeri is a frequent critic of Mayor Rob Ford who has represented the area, in the city’s north end, since 1985. Ford endorsed Cusimano in the last election.