Cornwallis (Municipality) v. Selent, (1998) 129 Man.R.(2d) 313 (CA)

• Judge: Huband, Philp and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 11, 1998
• Jurisdiction: Manitoba
• Citations: (1998), 129 Man.R.(2d) 313 (CA)

Cornwallis v. Selent (1998), 129 Man.R.(2d) 313 (CA);

    180 W.A.C. 313

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. OC.022

Robert Lloyd Wallis, as acting Clerk and Manager of the Municipality of Cornwallis (applicant/respondent) v. Waldin Adolf Selent, also known as Waldin Selent (respondent/appellant)

(AI 97-30-03463)

Indexed As: Cornwallis (Municipality) v. Selent

Manitoba Court of Appeal

Huband, Philp and Helper, JJ.A.

September 11, 1998.

Summary:

A municipality sought a declaration that a municipal councillor violated the Municipal Council Conflict of Interest Act by voting on a matter in which he had an indirect pecuni­ary interest.

The Manitoba Court of Queen's Bench, in a decision reported at 120 Man.R.(2d) 294, declared that the councillor had violated s. 5 of the Act and declared his seat vacant. The councillor appealed.

The Manitoba Court of Appeal dismissed the appeal.

Municipal Law - Topic 746

Council members - Disqualification or removal - Grounds - Conflict of interests - Exceptions - A municipal councillor voted on an appli­cation without disclosing his pe­cu­niary interest in the matter - The coun­cillor was aware of the provi­sions of the Municipal Council Conflict of Interest Act, but did not believe himself to be in a conflict of interest - A motions judge declared that the coun­cillor had breached the Act and declared his seat vacant where he had not acted unknowingly - The councillor appealed - At issue was whether the councillor's breach arose through inad­vertence under s. 22 of the Act - The Manitoba Court of Appeal dismissed the appeal - The coun­cillor did not act inad­vertently where he was cogni­zant of the applicable legislation and rec­ognized the possibility of a poten­tial con­flict interest.

Municipal Law - Topic 748

Council members - Disqualification or removal - Grounds - Pecuniary interests - [See Municipal Law - Topic 746 ].

Cases Noticed:

Sheenan v. Harte (1993), 15 M.P.L.R.(2d) 311 (Ont. Gen. Div.), refd to. [para. 10].

Scorgie and Hamuel v. Mortin (1993), 11 Sask.R. 189 (Q.B.), refd to. [para. 11].

Meister v. Brunsch (1993), 108 Sask.R. 306 (Q.B.), refd to. [para. 12].

Statutes Noticed:

Municipal Council Conflict of Interest Act, R.S.M. 1987, c. M-255; C.C.S.M., c. M-255, sect. 22 [para. 7].

Authors and Works Noticed:

Black's Law Dictionary (6th Ed. 1990), generally [para. 8].

Shorter Oxford English Dictionary (2nd. Ed. 1936), generally [para. 8].

Counsel:

M.I. Wiebe, for the appellant;

no one appearing for the respondent.

This appeal was heard on June 5, 1998, before Huband, Philp and Helper, JJ.A., of the Manitoba Court of Appeal.

On September 11, 1998, Helper, J.A., delivered the following judgment for the Court of Appeal.