How have courts dealt with an application for an order quashing a resolution approving payment of legal expenses?

The case of Kennedy v. Thessalon, [1960] O.W.N. 478, involved an application for an order quashing, upon the ground of illegality, a resolution approving payment of a legal account and expenses which, as stated in the report [headnote]: “ . . . were really incurred by the mayor and council in supporting, financially, the defence of the mayor, who was unsuccessfully sued for slander in an action arising out of statements made in the discharge of his duties as mayor in connection with proceedings in which an appeal by a police officer from his dismissal or suspension was involved. The meeting at which the appeal was heard, was open to the public. The slander action, which resulted from the statements made by the mayor in the ordinary discharge of his duties on that occasion, was dismissed on the ground that the statements were made on an occasion of qualified privilege.”

Wilson J. upheld the payment. He concluded that (at p. 478): “ . . . at all times relevant to the matters in issue in the slander action, (the mayor) was acting in his capacity as mayor, He might, therefore, be indemnified in respect of the costs incurred in defending the action: Heffernan v. Walkerton, [supra].”