An elector brought an application under the Municipal Conflict of Interest Act alleging that a municipal councillor failed to declare a pecuniary interest when voting on resolutions increasing municipal employee wages, which affected her spouse’s salary as fire chief.
The court held that the councillor had an indirect pecuniary interest through her spouse and breached s. 5(1) of the Act by participating in the votes.
The statutory exception for members of a volunteer fire brigade did not apply because the councillor herself was not a member of the brigade.
The court rejected the defence of inadvertence and found that the councillor had not exercised due diligence in identifying the conflict.
A penalty was imposed disqualifying the councillor from serving on council for six years.
