Meister v. Brunsch, (1993) 108 Sask.R. 306 (QB)

• Judge: Klebuc, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 24, 1993
• Jurisdiction: Saskatchewan
• Citations: (1993), 108 Sask.R. 306 (QB)

Meister v. Brunsch (1993), 108 Sask.R. 306 (QB)

MLB headnote and full text

Art Meister (applicant) v. Ivan Brunsch (respondent)

(1993 Q.B. No. 264)

Indexed As: Meister v. Brunsch

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Klebuc, J.

March 24, 1993.

Summary:

A ratepayer of the Town of Radisson applied for, inter alia, an order declaring vacant a town councillor's position because of a conflict of interest.

The Saskatchewan Court of Queen's Bench dismissed the application because the coun­cillor made an honest mistake.

Municipal Law - Topic 746

Council members - Disqualification or removal - Grounds, conflict of interests, exceptions - A town councillor was paid to read water meters for the town and the payments were approved by the town council - The councillor failed to disclose his pecuniary interest as required by the Urban Municipalities Act - The Saskatchewan Court of Queen's Bench held that the councillor was in breach of the statute but the court refused to declare the councillor's seat vacant because the coun­cillor was honestly mistaken in the actions that he took (see paragraph 26).

Words and Phrases

Inadvertence - The Saskatchewan Court of Queen's Bench discussed the meaning of the word "in­advertence" as found in s. 33(5) of the Urban Municipalities Act, S.S. 1983-84, c. U-11 (see paragraph 22).

Words and Phrases

Honest mistake - The Saskatchewan Court of Queen's Bench discussed the meaning of the phrase "honest mistake" as found in s. 33(5) of the Urban Municipalities Act, S.S. 1983-84, c. U-11 (see paragraph 23).

Cases Noticed:

Moll and Fisher et al., Re (1979), 96 D.L.R.(3d) 506 (Ont. Div. Ct.), refd to. [para. 15].

Wheeler, Re (1979), 26 N.R. 323; 25 N.B.R.(2d) 209; 51 A.P.R. 209; 97 D.L.R.(3d) 605 (S.C.C.), refd to. [para. 16].

Hall v. Humenny and Campbell (1985), 41 Sask.R. 97 (Q.B.), folld. [para. 20].

Brisebois v. Chabot (1987), 62 Sask.R. 246 (Q.B.), refd to. [para. 20].

Evans v. Jakubowski, [1993] 1 W.W.R. 618; 106 Sask.R. 53 (Q.B.), refd to. [para. 20].

Baber v. Tullymet No. 216 (Rural Munici­pality) and Renwick (1993), 107 Sask.R. 308 (Q.B.), refd to. [para. 20].

Edmonton (City) v. Chichak, [1990] 3 W.W.R. 748; 103 A.R. 205 (Q.B.), refd to. [para. 21].

Statutes Noticed:

Urban Municipalities Act, S.S. 1983-84, c. U-11, sect. 33 [para. 9].

Counsel:

C. Hearn, for the applicant;

R. Robertson, for the respondent.

This application was heard before Klebuc, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on March 24, 1993.