If a bylaw is passed with the concurrence of one or more members who disqualified from voting, is the bylaw void?
Saskatchewan, Canada
The following excerpt is from Stewart v. Yorkton, City of, 1982 CanLII 2530 (SK QB):
If a bylaw is passed with the concurrence of one or more members who are disqualified from voting, the bylaw is void where the vote of such person is necessary to make up the number of votes required for its passing. L’Abbe v. Corporation of Blind River (1904), 7 O.L.R. 230; Coughlan and Mayo v. Victoria (1893), 3 B.C.R. 57.
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