Sacks v. Campbell and MacRae, (1991) 56 O.A.C. 73 (DC)

• Judge: Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 28, 1991
• Jurisdiction: Ontario
• Citations: (1991), 56 O.A.C. 73 (DC)

Sacks v. Campbell (1991), 56 O.A.C. 73 (DC)

MLB headnote and full text

In The Matter Of the Municipal Conflict of Interest Act, 1983, Statutes of Ontario, 1983, Chapter 7.

David Michael Sacks (applicant/respondent in appeal) v. Lyle Campbell and Howard MacRae (respondents/appellants)

(103/91)

Indexed As: Sacks v. Campbell and MacRae

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ.

December 13, 1991.

Summary:

Campbell was a municipal councillor. Sacks sued under the provisions of the Municipal Conflict of Interest Act, S.O. 1983, c. 8, to have Campbell removed from office on the grounds of conflict of interest. The trial judge declared Campbell's seat vacant under s. 10(1)(a) of the Act. Campbell appealed.

The Ontario Divisional Court dismissed the appeal.

Municipal Law - Topic 745

Council members - Disqualification or removal - Grounds - Conflict of interests - Campbell was a municipal councillor - Edey was a land developer - Edey loaned Campbell $100,000 to finance the purchase of a sand and gravel pit - Campbell gave Edey a mortgage as security and an option on the sand and gravel as additional con­sideration - Shortly after, Campbell, in his capacity as a municipal councillor, actively participated in the rezoning (from rural to rural residential) of a subdivision devel­opment owned by Edey - Campbell declined to declare any conflict of interest - Sacks applied under s. 10(1)(a) of the Municipal Conflict of Interest Act to have Campbell removed from office - The Ontario Divisional Court affirmed the trial court's decision to declare Campbell's seat vacant.

Municipal Law - Topic 748

Council members - Disqualification or removal - Grounds - Pecuniary interests - [See Municipal Law - Topic 745 ].

Municipal Law - Topic 908

Council members - Conflicts of interest - Pecuniary interest - [See Municipal Law - Topic 745 ].

Cases Noticed:

Moll and Fisher et al., Re (1979), 23 O.R.(2d) 609 (H.C.), consd. [para. 17].

Statutes Noticed:

Municipal Conflict of Interest Act, S.O. 1983, c. 8, sect. 5(1)(a), sect. 5(1)(b) [para. 19]; sect. 10(2) [para. 23].

Counsel:

John G. Parkinson, Q.C., for the appellant;

P.N. Leamen, for the respondent.

This appeal was heard on November 28, 1991, by Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ., of the Ontario Divisional Court. The following decision was given by the court and released on Decem­ber 13, 1991.