Casual Legal: Don't Wait in the Weeds -- Disqualifying Councillors
By Shauna Finlay
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
A recent decision of the Court of Queen’s Bench dealt with the costs payable to a councillor who was the subject of an application to disqualify her on the basis of having voted on a matter in which she was alleged to have had a pecuniary interest, and the fact she was indebted to the municipality for unpaid property taxes.
The Court noted the application to disqualify her came one year after the vote in issue and the councillor had consulted with other councillors, the CAO, and legal counsel about whether or not she had a pecuniary interest. In addition, the Court noted the unpaid property taxes were a mistake that was rectified as soon as the councillor became aware the taxes were unpaid.
The Court ultimately found in the councillor’s favour, in part due to the political retribution the Court concluded was behind the application to disqualify her. The Court found the fact that the municipality had waited a year to bring the application was additional evidence the application was being brought as a political vendetta and not out of a bona fide concern regarding the entitlement of the councillor to vote on the re-zoning.
The Court ultimately awarded an amount that was nearly a full indemnity of costs.
The Court reasoned that the costs award was justified in part because where a disqualification is sought that is politically motivated, it undermines the democratic process and works an injustice not only against the councillor, but also against the local community. In other words, it is an abuse of process that may give rise to higher or full indemnity costs awards.
Therefore, when voting to take steps to remove a councillor, it is important this step be taken in a timely manner and only for bona fide reasons unrelated to political motivations.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
