Brisebois v. Chabot, (1987) 61 Sask.R. 202 (CA)

• Judge: Tallis, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: October 14, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 61 Sask.R. 202 (CA)

Brisebois v. Chabot (1987), 61 Sask.R. 202 (CA)

MLB headnote and full text

Robert Chabot (appellant) v. Arthur Brisebois (respondent)

(No. 9566)

Indexed As: Brisebois v. Chabot

Saskatchewan Court of Appeal

Tallis, J.A.

October 14, 1987.

Summary:

An elector of a village applied under s. 33 of the Urban Municipality Act for a declaration that the respondents' seats on the village council were vacant, an order disqualifying them from holding office, restitution and costs. The respondents were the mayor and a councillor of the village. The respondents defended the application and alleged that s. 33 of the Act was invalid as being contrary to the Charter of Rights. Following a motion for a nonsuit, the court dismissed the application against the village councillor. The application continued against the mayor.

The Saskatchewan Court of Queen's Bench, in a judgment reported 62 Sask.R. 246, upheld the validity of s. 33 of the Act under the Charter of Rights. The court held that the mayor of the village contravened s. 33 by failing to disclose his pecuniary interests when certain matters were before the village council. The court removed the mayor from office, disqualified him from holding municipal office for three years and ordered him to make restitution to the village. The mayor appealed. The elector applied under rule 15(1) of the Court of Appeal Rules for an order lifting the stay of the judgment pending the appeal.

A judge of the Saskatchewan Court of Appeal granted an order lifting the stay, thereby precluding the mayor from holding office pending the appeal.

Practice - Topic 8953

Appeals - Stay of proceedings pending appeal - Circumstances when stay may be lifted - The Saskatchewan Court of Queen's Bench held that a village mayor contravened s. 33 of the Urban Municipality Act by failing to disclose his pecuniary interests respecting certain matters before the village council - The court removed the mayor from office, disqualified him from holding municipal office for three years and ordered him to make restitution - The mayor appealed - The elector who made the s. 33 application applied under Court of Appeal Rule 15(1) for an order lifting the stay arising from the filing of the mayor's appeal - A judge of the Saskatchewan Court of Appeal granted an order lifting the stay, thereby precluding the mayor from holding office pending the appeal.

Statutes Noticed:

Rules of Court (Sask.), Court of Appeal Rules, rule 15(1) [para. 2].

Urban Municipality Act, R.S.S. 1978, c. U-11, sect. 33 [para. 1].

Counsel:

Paul J. Lewans, for the respondent;

K.G. Love, for the appellant.

This application was heard in Chambers before Tallis, J.A., of the Saskatchewan Court of Appeal, who delivered the following judgment orally on October 14, 1987.