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.
