Ian Kuehl

The applicant, an elector, brought an application under the Municipal Conflict of Interest Act alleging that the respondent municipal councillor had an indirect pecuniary interest when he voted to support a proposed nuclear waste facility.

The respondent was employed by Canadian Nuclear Laboratories (CNL), the proponent of the facility.

The court dismissed the application, finding that the applicant failed to establish on a balance of probabilities that CNL had a pecuniary interest in the project, as there was insufficient evidence regarding CNL's financial arrangements and remuneration.

The applicant sought an order quashing a municipal property standards by-law, alleging it was ultra vires because it was enacted before a required official plan amendment and asserting procedural improprieties in its administration.

The court held that a municipal by-law may only be quashed for illegality or bad faith under the Municipal Act.

Although the official plan amendment came into effect after the by-law’s adoption, the Planning Act permits by-laws passed before an amendment takes effect if they will conform once the amendment is effective.

The court found the statutory saving provision applied and that the by-law was deemed to conform with the official plan when the amendment came into force.

No evidence of bad faith was established.