Appeal filed in case against Jim Karygiannis

Scarborough-Agincourt MP Jim Karygiannis speaks to media in Toronto on Saturday, Sept. 22, 2012. (The Canadian Press/Aaron Vincent Elkaim)

The court battle against Toronto city councillor Jim Karygiannis, is not over.

An appeal has been filed in Ontario Superior Court, after a judge ruled that the councillor should get his job back last week.

Originally, Karygiannis was automatically booted from council at the start of November, when the city clerk found that he'd overspent in the 2018 election campaign by nearly $26,000. 

The rules in the Municipal Elections Act call for immediate expulsion, when the strict limits are broken.

During the court case, Karygiannis argued that it was simply an accounting error.

The appeal, which was filed by Stockwoods LLP, on behalf of fair elections advocate Adam Chaleff, asks that the judge's decision be set aside, which would again mean Karygiannis wouldn't have a job at city hall.

The appeal argues that the judge erred in ruling that even he had the jurisdiction to return the councillor, the court didn't have jurisdiction to grant relief from the statutory penalties.

"And there was an error in the court's interpretation of the offence commited by Mr. Karygiannis in this case." says lawyer Stephen Aylward from Stockwoods LLP.