What is the test for establishing an error in judgment under Section 10(2) of the Municipal Corporations Act?

Ontario, Canada


The following excerpt is from Baillargeon v. Carroll, 2009 CanLII 4510 (ON SC):

In order to establish an error in judgment under Section 10(2) of the Act, it is necessary for the elected municipal official to have proceeded with “good faith as to that error of judgment. He or she must be honest, forthright and open, acting in complete good faith. The courts do not require perfection of conduct. However, good intentions and a complete lack of deceit and collusion are required”. (See Sheehan v. Harte (supra) at para. 14.)

Other Questions


Is an error in judgment not a professional fault but an honest error in an honest exercise of clinical judgment? (Ontario, Canada)
Does an error in judgment in judgment constitute negligence? (Ontario, Canada)
Can an application be brought under section 8(2) of the Municipal Corporations Insurance Act, s.8(1)(2) or s.9(3) for breach of the MCIA? (Ontario, Canada)
What is the test for error in judgment in a motion brought by a lawyer in a personal injury action? (Ontario, Canada)
Does an error in clinical judgment constitute negligence? (Ontario, Canada)
Can a strata corporation sue the owner of a condominium unit for breach of section 171(1) of the Strata Property Act? (Ontario, Canada)
Can a medical professional be held liable for errors in judgment? (Ontario, Canada)
Can a husband who encumbered his wife's matrimonial home by moving assets to a corporation in which he had no interest in the corporation? (Ontario, Canada)
Can a physician be held liable for errors in judgment? (Ontario, Canada)
Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.