I think it is obvious that Ford was in a conflict of interest in regards to the vote.
I also think, based on Ford's behavior in the past twelve years, that the amount of money involved was minimal and in no way was large enough to influence his vote. This is a man who had covered thousands of dollars (per year) of office expenses from his own pocket for ten years. If the legislation would have had some type of exemption for minimal amounts of money, Ford could (should) have been found not guilty. I wish I knew exactly what "pecuniary" means, but I think it pertains to the amount of money - not the symbol that the money had in terms of his reputation (i.e. paying back, not matter how small, is an admission of guilt). I think there is such an exemption.
Strangely, as quoted in this Post article (
http://fullcomment.nationalpost.com/2012/11/26/rob-ford-christie-blatchford/), the judge was quoted as saying that Mayor Ford’s case “involved a modest amount of money". If I check the thesaurus for "modest", it returns small, minor, tiny, trivial. Almost identical language to the statute - Section 4 (k).
The quote the judge stated in relation to this issue had nothing to do with the significance of the amount to Mr. Ford
"if it wasn’t for this foundation, these kids would not have had a chance. And then to ask for me to pay it out of my own pocket personally, there is just, there is no sense to this. The money is gone, the money has been spent on football equipment….â€
This obviously means Ford was referring to pay back the actual "donated money" (not an equivalent amount of money) since that money was gone. It appears that this was interpreted as Mr. Ford admitting that he did not have $3150 in his bank account to pay it back.
Ford's lawyer must have been pretty poor to not have succeeded based on this Clause (4k, a legal exception) to the Conflict of Interest Act.
I wonder if Ford can have different legal representation for the appeal and can he introduce any new evidence, because I think there is ample evidence to show that the amount was insignificant to Ford, but maybe for some reason he did not introduce it at the trial.