The Town of Aurora brought an application seeking a declaration on whether the Municipal Conflict of Interest Act applies to deem an indirect pecuniary interest to a councillor appointed to the board of a non-share capital corporation.
The court held that section 2 of the Act does not apply because a non-share capital corporation does not offer securities to the public.
Furthermore, the court found that even if an indirect pecuniary interest existed, the exemptions under subsections 4(h) and 4(k) would apply, as the appointment serves a public duty and any interest would be too remote to influence the councillor.