Mark Geiger

A private elector brought a motion for an interim and interlocutory injunction restraining a municipal councillor from attending or voting at city council meetings pending an application challenging the validity of the councillor’s election on residency grounds.

The court applied the three‑part test for interlocutory injunctions from RJR‑MacDonald and found that although there was a serious question to be tried, the applicant failed to demonstrate irreparable harm.

The court also held that the balance of convenience favoured allowing the councillor to continue performing his duties, particularly given the public interest in municipal governance.

The requested injunction would effectively grant the ultimate relief sought prior to adjudication on the merits.

The applicant sought an interim and interlocutory injunction restraining a municipal councillor from attending or voting at meetings of a city council.

The motion arose in the context of a dispute involving the councillor’s participation in municipal governance.

The court declined to grant the requested equitable relief.

The motion for injunctive relief was dismissed, with directions for the parties to provide written submissions on costs.