Scorgie and Hamel v. Morin, (1993) 111 Sask.R. 189 (QB)

• Judge: Klebuc, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 16, 1993
• Jurisdiction: Saskatchewan
• Citations: (1993), 111 Sask.R. 189 (QB)

Scorgie v. Morin (1993), 111 Sask.R. 189 (QB)

MLB headnote and full text

Joan Mary Scorgie and Camile Hamel (applicants) v. Nick Morin (respondent)

(1993 Q.B. No. 505)

Indexed As: Scorgie and Hamel v. Morin

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Klebuc, J.

April 16, 1993.

Summary:

The applicants, residents of Radisson, sought an order under s. 33 of the Urban Municipalities Act requiring the mayor to make restitution to Radisson of certain monies and other benefits received from the town, declaring the mayor's council position vacant and disqualifying him from holding office in any municipality in Saskatchewan for three years. The applicants alleged that the mayor violated the conflict of interest provisions of the Act by voting on matters in which he had a pecuniary interest.

The Saskatchewan Court of Queen's Bench ordered the mayor to pay the town $107.10 and declared his position vacant, but did not disqualify him from holding office.

Municipal Law - Topic 748

Council members - Disqualification or removal - Grounds - Pecuniary interests - The common law wife of the mayor of Radisson was the sole director of Clear Sky - When resolutions concerning Clear Sky came before council, the mayor did not declare a pecuniary interest or leave the meeting and he voted on each of the Clear Sky resolutions - The Saskatchewan Court of Queen's Bench held that the mayor breached the conflict of interest provisions of the Urban Municipalities Act by voting on resolutions in which he had a direct pecuniary interest - The court further held that the mayor's actions were not the result of inadvertence or an honest mistake and declared the mayor's position on council vacant.

Municipal Law - Topic 908

Council members - Conflicts of interest - Pecuniary interest - [See Municipal Law - Topic 748 ].

Municipal Law - Topic 908

Council members - Conflicts of interest - Pecuniary interest - The mayor of Radis­son was the sole shareholder and director of Red Bull Enterprises which leased land in Radisson from the province - The mayor arranged for a council meeting to discuss the province's intention to termi­nate Red Bull's lease - The mayor intro­duced the matter, declared a pecuniary interest and left the meeting - The council passed a resolution to write a letter to the province supporting the signing of a new lease with Red Bull - The Saskatchewan Court of Queen's Bench held that the mayor complied with the conflict provi­sions of the Urban Municipalities Act.

Municipal Law - Topic 908

Council members - Conflicts of interest - Pecuniary interest - The mayor of Radis­son was the sole shareholder and director of Red Bull Enterprises - Council passed a resolution authorizing a rebate of 1992 business taxes to Red Bull - The mayor voted on the resolution - The mayor stated that since the reduction in taxes was on the same terms as rebates given to all other businesses, he believed that he did not have to declare a pecuniary interest or refrain from voting - The Saskatchewan Court of Queen's Bench held that the mayor breached the conflict provisions of s. 33 of the Urban Municipalities Act, but his error was an honest one.

Real Property Tax - Topic 7117

Assessment appeals - Provincially or municipally appointed tribunal or board - Procedure where board member has pecu­niary interest in the appeal - A member of the Board of Revision, who had a pecuni­ary interest in two parcels of land which were the subject of assessment appeals, declared a pecuniary interest in the appeals, resigned and left the meeting - The Board upheld the assessments - The Saskatchewan Court of Queen's Bench held that the member did not breach the conflict provisions of the Urban Municipalities Act and further that a member with a pecuni­ary interest in an appeal was not required to withdraw permanently or to refrain from presenting an appeal to the board in respect of property in which the member had an interest.

Words and Phrases

Common law spouse - The Saskatchewan Court of Queen's Bench discussed the meaning of "common law spouse" for the purposes of the Urban Municipalities Act, S.S. 1983-84, c. U-11 - See paragraphs 25 to 30.

Cases Noticed:

Birney v. Saskatchewan Institute of Char­tered Accountants and the Disciplinary Committee of the Saskatchewan Institute of Chartered Accountants (1982), 19 Sask.R. 325 (Q.B.), refd to. [para. 2].

Heagle v. Her Majesty the Queen and Ziegler (1983), 26 Sask.R. 173 (Q.B.), refd to. [para. 2].

Ranch Ehrlo Society v. Edenwold (Rural Municipality), No. 158 and McNamee (1983), 26 Sask.R. 69 (Q.B.), refd to. [para. 2].

Hobday v. Corman Park No. 344 (Rural Municipality) (1988), 67 Sask.R. 56 (Q.B.), refd to. [para. 2].

Kennibar Resources Ltd. v. Saskatchewan (Minister of Energy and Mines) and Gulf Canada Resources Ltd. (1990), 88 Sask.R. 35 (Q.B.), affd. 80 D.L.R.(4th) 766 (C.A.), refd to. [para. 2].

Blanchett v. Hansell, [1943] 3 W.W.R. 275, affd. [1944] 1 W.W.R. 432 (Man. C.A.), refd to. [para. 28].

Sharp v. McGregor (1988), 30 O.A.C. 139; 50 D.L.R.(4th) 183 (Ont. Div. Ct.), refd to. [para. 35].

Moll v. Fisher et al. (1979), 23 O.R.(2d) 609; 96 D.L.R.(3d) 506 (Div. Ct.), refd to. [para. 35].

Hall v. Humenny and Campbell (1985), 41 Sask.R. 97 (Q.B.), refd to. [para. 43].

Brisebois v. Chabot (1987), 62 Sask.R. 246 (Q.B.), refd to. [para. 43].

Evans v. Jakubowski, [1993] 1 W.W.R. 618; 106 Sask.R. 53 (Q.B.), refd to. [para. 43].

Baber v. Tullymet, No. 216 (Rural Munic­ipality) and Renwick (1993), 107 Sask.R. 308 (Q.B.), refd to. [para. 43].

Meister v. Brunsch (1993), 108 Sask.R. 306 (Q.B.), refd to. [para. 43].

Statutes Noticed:

Municipal Conflict of Interest Act, S.O. 1983, c. 8, sect. 1(i), sect. 5(1) [para. 36].

Urban Municipality Act, S.S. 1983-84, c. U-11, sect. 2(1)(ii) [para. 27]; sect. 33(1) [para. 19]; sect. 33(2) [para. 33]; sect. 33(5) [para. 19]; sect. 252(4), sect. 260 [para. 34].

Authors and Works Noticed:

Dukelow and Nuse, The Dictionary of Canadian Law (1991) [para. 27].

Saunders, John B., Words and Phrases Legally Defined (2nd Ed. 1969), vol. 1 [para. 27].

Counsel:

J.A. Ryan, for the applicants;

R.A. Robertson, for the respondent.

This case was heard before Klebuc, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on April 16, 1993.