Can a member of a municipal council be disqualified from office for a breach of the pecuniary interest rules?

Alberta, Canada


The following excerpt is from Stone v Crouse, 2017 ABQB 498 (CanLII):

In Lac La Biche v. Bochkarev, 2009 ABQB 400, Marceau J. held that the second option requires the court to determine whether disqualification is an appropriate consequence for the particular violation of the pecuniary interest rules found to have occurred. Marceau J. said (para. 28): It [the second option] can be seen as providing the judge with the ability to enable the person to remain a member of council notwithstanding the fact that they have technically breached one of the conflict of interest rules enumerated in s. 174. This allows relief from hardship where the breach is slight, or where it would be just to do so in the circumstances.

Other Questions


Is there any conflict of interest rules for a municipal councillor? (Alberta, Canada)
What is the law governing the conduct of members of the municipal council? (Alberta, Canada)
What is the effect of section 3(a) of the Montreal Municipal Bylaw on the rule of construction in the context of "noise which annoys, disturbs or detracts from the comfort, repose, health, peace or safety of other persons"? (Alberta, Canada)
Is a lawyer who has acted for a client by reason of conflict of interest disqualified from acting for another client? (Alberta, Canada)
Can an inference of indirect pecuniary interest be drawn primarily from a relationship between an employer and an employee? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
What is the qualified privilege, if any, which protects communications that are in the interests of the general interests of society? (Alberta, Canada)
What is the test for determining if a person is discoverable as an officer within the meaning of Rule 200(1)? (Alberta, Canada)
Can a newsman who has a confidential relationship with a police officer be sued for breach of privilege over the disclosure of confidential information? (Alberta, Canada)
Is there a delay in finding that a law firm disqualified because of a conflict of interest? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.