The applicant, a municipal councillor, brought an application for a declaration that he did not have a pecuniary interest under the Municipal Conflict of Interest Act regarding an Ontario Municipal Board appeal in which his son's law firm represented the appellant.
The applicant named Her Majesty the Queen as the respondent, following previous case law, but the Crown declined to participate.
The court declined to decide the application on its merits, finding that the relevant municipalities should be given notice and an opportunity to participate to ensure an adversarial context and a complete review of the facts.