Thomas A. Richardson

The applicant brought an application to quash a resolution and by-law passed by the respondent municipality to conditionally appoint a member to fill a potential council vacancy.

The vacancy was anticipated because a sitting councillor was running in a provincial election.

The court found that the Municipal Act requires a vacancy to actually exist and be declared before an appointment can be made.

The resolution and by-law were quashed for illegality as they were passed without jurisdiction.

The applicant moved to quash an interim control by-law and its extending by-law enacted by the respondent municipality, alleging illegality and bad faith.

The applicant also claimed damages for misfeasance in public office and misrepresentation.

The court found that the emergency meeting where the by-law was enacted met procedural and statutory requirements, including being open to the public.

The court held that the municipality's actions, including extending the by-law due to delays in adopting the Official Plan, were justified and did not demonstrate bad faith.

The motion was dismissed.

Following dismissal of an application by a professional regulatory body seeking to restrain alleged unauthorized practice under the Professional Foresters Act, 2000, the respondents sought substantial indemnity costs exceeding $127,000.

The regulator argued that no costs should be awarded because the proceeding raised novel public-interest issues concerning regulation of professional forestry and the enforcement of statutory duties.

The court held that while regulators acting in the public interest may sometimes avoid costs, they are not automatically exempt from the ordinary rule that costs follow the event.

Given the vigorous litigation pursued against the respondent, partial indemnity costs were appropriate.

The court awarded $90,000 in partial indemnity costs to the respondents.

Following the dismissal of her appeal regarding municipal election compliance audits, the appellant argued she should not be liable for costs because she was a public-interest litigant.

The respondents sought costs, alleging the appellant targeted them for private reasons related to a local development dispute.

The court found that the appellant was a public-interest litigant who brought the applications in good faith to address matters of public importance regarding campaign finances.

The court dismissed the respondents' claim for costs and ordered all parties to bear their own costs.

A costs decision following an application under the Municipal Conflict of Interest Act concerning alleged conflicts of interest by a municipal official.

The successful party sought partial indemnity costs exceeding $394,000.

The court considered whether the unsuccessful applicant should be relieved from a costs award on the basis that the litigation was brought in the public interest, applying the factors from St. James’ Preservation Society v. Toronto (City).

The court concluded the litigation was not genuine public interest litigation, noting partisan political motivations and the limited practical significance of the application.

Considering divided success on several substantive issues and the need to balance deterrence of frivolous litigation against discouraging citizens from seeking public office, the court reduced the claimed amount and awarded $170,000 in costs.

An elector appealed decisions refusing to order compliance audits of municipal election campaign finances under the Municipal Elections Act, 1996.

The applications alleged that candidates received excessive contributions from associated corporations and filed incomplete financial disclosure forms (Form 4).

The court held that receiving excessive contributions is not itself a contravention of the Act provided the candidate returns the funds as soon as possible after becoming aware of the violation.

Although several candidates technically contravened the Act by improperly completing Form 4, the compliance audit committee retained discretion whether to order an audit.

Given that the excessive contributions had already been returned and no further information was likely to emerge, it was reasonable to refuse an audit.

A municipal conflict of interest application sought removal of a mayor from office under the Municipal Conflict of Interest Act.

The respondent mayor brought a motion to convert the proceeding from an application to an action requiring a full trial with viva voce evidence.

The court held that the Act does not require all such proceedings to proceed by trial and that applications may be determined on affidavit evidence, subject to the court’s discretion to order oral evidence or a trial of issues where necessary.

At this preliminary stage, the evidentiary record was incomplete and it was premature to determine whether material facts were in dispute.

The motion to convert the proceeding to an action was therefore dismissed without prejudice.

An application was brought seeking a declaration interpreting a municipal zoning by-law to determine whether an existing church could expand its use onto an adjacent parcel of agricultural land once the parcels were merged.

The municipality argued that the by-law permitted only “existing churches” on lands where such uses existed at the time the by-law was passed, thereby preventing expansion onto new lots.

Applying the modern principle of statutory interpretation, the court examined the wording, purpose, and scheme of the by-law.

The court held that the exemption for “existing churches” applied to the building rather than to a specific lot and that the by-law did not expressly restrict expansion onto adjoining lands.

A declaration was granted permitting the merged lands to be used for church purposes.