The moving party, a municipal councillor, sought a stay pending her appeal of a judgment that found she violated the Municipal Conflict of Interest Act and declared her council seat vacant.
The court applied the three-part test for a stay pending appeal.
While finding a serious issue to be tried, the court found no irreparable harm because it ordered the municipality not to fill the vacancy pending the appeal.
The balance of convenience favoured the public interest in municipal integrity, and the motion for a stay was dismissed.
