Charles Loopstra

The respondents in an application for a permanent injunction regarding zoning by-law compliance brought a motion to compel the applicant municipality to answer undertakings and refusals from a cross-examination.

The court found that all requested items had either been satisfied by the municipality or were protected by litigation privilege, specifically a planning memorandum and notes on inspection photographs prepared for counsel.

The motion was dismissed, though the court ordered a brief supplementary affidavit to confirm the timing and purpose of the photograph notes.

A municipal elector sought a declaration under the Municipal Conflict of Interest Act alleging that the mayor contravened s. 5 by speaking and voting on a motion requiring him to personally repay an alleged municipal budget over‑expenditure.

The court considered whether the application was brought within the limitation period under s. 9 and whether any exceptions under s. 4 applied.

The court held that although the application was timely and the statutory exceptions did not apply, the mayor did not possess a real pecuniary interest because the municipality lacked legal authority to require personal repayment.

As the proposed financial sanction was ultra vires and therefore a nullity, there was no genuine pecuniary interest engaging s. 5.

The application seeking removal from office and restitution was dismissed.