The Complainant, a municipal councillor, filed a Code of Conduct complaint against the Respondent, the Mayor, alleging that he threatened to sue her for defamation during a council meeting, which she claimed constituted bullying and intimidation.
The Integrity Commissioner found that the Code of Conduct does not prohibit a member from suing or threatening to sue another member.
The Commissioner concluded that the right to bring a lawsuit is a common law right that can only be restricted by clear legislation, and an Integrity Commissioner has no jurisdiction to evaluate the merits of a defamation action or a threat to litigate.
The complaint was dismissed.