Peter L. Biro

This was a costs endorsement following the dismissal of an appeal in a municipal election Charter challenge.

The successful respondent did not seek costs either in the Court of Appeal or on the motion for leave to appeal.

Applying the ordinary rule that costs follow the event, the court nevertheless made no order as to costs because the successful respondent did not ask for them.

The costs order in the Divisional Court was left undisturbed.

The appellant, a sitting member of the House of Commons, challenged provincial legislation that rendered him ineligible to be nominated for or hold municipal office while remaining in Parliament.

He argued that the prohibition burdened his democratic rights under s. 3 of the Charter by preventing him from running for mayor without first resigning his federal seat.

The court held that s. 3 protects only voting and candidacy rights in federal and provincial legislatures, not municipal elections.

Because the impugned provisions regulated only eligibility for municipal office and did not impair the appellant's right to remain qualified for membership in the House of Commons, the appeal was dismissed.