What constitutes a pecuniary interest under s. 5 of the MCIA?
Ontario, Canada
The following excerpt is from Darnley v Thompson, 2016 ONSC 7466 (CanLII):
In order to constitute a pecuniary interest, there must be something more than infrequent past business dealings or the possibility of future business. To have a conflict under s. 5 of the MCIA, there must be a pecuniary interest existing at the time of the vote. There must be an actual conflict or, at least, there must be a reasonable assumption that the conflict will occur. The pecuniary interest must be definable and real rather than hypothetical: Lorello v. Meffe, 2010 ONSC 1976, 99 M.P.L.R. (4th) 107, at para. 59.
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