How have courts interpreted the principle of community of interest in municipal legislation?

Alberta, Canada


The following excerpt is from Russell v. Toney, 1982 ABCA 173 (CanLII):

Then at page 440, after referring to the judgment on the point of Meredith, C.J.O. in Elliott v. St. Catharines (1908) 18 O.L.R. 57 he adds: “When an act of council affects only a section of the municipality, the judgment of Meredith C.J.O. makes it clear that the principle of community of interest extends in any event only within the sphere of operation of the act.” and at page 441: “Returning to the circumstances in which Reed voted on 15th July, he had a community of interest in the development of a recreational complex which in the end would have the effect of enhancing the value of lands in the community in varying degrees. On the above authorities his vote on the question, if there were nothing more in the case, would not subject him to disqualification. But the case does not end there. Throughout the relevant period, and afterwards, he was actively engaged in subdividing the quarter section and in selling the resulting lots at a very substantial profit.”

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