D. Reiter

The Integrity Commissioner applied for a determination that a municipal councillor contravened the Municipal Conflict of Interest Act by failing to declare a pecuniary interest and voting on a matter involving her own remuneration suspension.

The councillor admitted the contravention but argued for a lesser penalty, citing officially induced error and bias.

The court rejected these defences, finding the councillor's actions were not mere inadvertence given her experience and prior sanctions.

The court declared the councillor's seat vacant and issued a reprimand.

The defendant, The Walt Disney Company, previously brought a motion to seal excerpted provisions of agreements it intended to rely on in a stay motion.

The plaintiff successfully opposed the motion and brought a cross-motion regarding redactions.

In this endorsement, the plaintiff sought substantial indemnity costs for the motion.

The court awarded the plaintiff partial indemnity costs, finding no improper conduct by the defendant to warrant a higher scale, but affirming the plaintiff's right to costs for successfully defending the open court principle and adding value to the hearing.

MasterCard brought a motion to stay an Ontario action commenced by Aldo Group Inc., arguing that a forum selection clause in its license agreements with acquiring banks required the dispute to be heard in New York.

Aldo, a merchant, was not a party to those agreements but had a processing agreement with Moneris that specified Ontario as the exclusive jurisdiction.

The court found that Aldo's claims against MasterCard were direct claims in tort and unjust enrichment, not claims of equitable subrogation.

Therefore, Aldo was not bound by the New York forum selection clause.

The motion for a stay was dismissed.