Can a municipality's elected mayor be disqualified from office for voting on a bylaw in which it is alleged he has a pecuniary interest?

British Columbia, Canada


The following excerpt is from Conibear v. Dahling, 2010 BCSC 985 (CanLII):

In Fairbrass v. Hansma, 2009 BCSC 878, aff’d 2010 BCCA 319, Mr. Justice Rogers considered whether the mayor of Spallumcheen should be disqualified from office because he participated in meetings and voted on a bylaw in which it was alleged he had a pecuniary interest. The bylaw would have permitted rezoning of certain parcels of land, which would then allow the owners of those parcels to apply to subdivide. The mayor held one such parcel which was too small to subdivide, but his two sons each held parcels which were large enough to subdivide. Despite the bylaw, owners of such parcels would still have to apply to rezone their lands and then apply to subdivide. Rogers J. outlined the steps in his analysis to determine whether the mayor should be disqualified:

Other Questions


Is a member of a municipality's executive committee disqualified from voting on any question in which he has a special or personal interest? (Saskatchewan, Canada)
Can a member of a municipal council be disqualified from office for a breach of the pecuniary interest rules? (Alberta, Canada)
Can a councillor be disqualified from office on the basis that he has a direct or indirect pecuniary interest? (British Columbia, Canada)
If a bylaw is passed with the concurrence of one or more members who disqualified from voting, is the bylaw void? (Saskatchewan, Canada)
Does a municipality's condonation of a violation of its bylaw preclude it from later seeking to enforce the same bylaw? (British Columbia, Canada)
What constitutes a pecuniary interest under s. 5 of the MCIA? (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)
How have directors of a non-profit society been elected in accordance with the voting rights of the society's members? (British Columbia, Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
What is the difference between owner builders and third parties to a municipality’s duty of care to ensure that all construction is built according to the standards set out in a bylaw? (Ontario, Canada)