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Cassels Successfully Opposes Motion for Stay Pending Appeal, Prevents Councillor from Resuming Office


Cassels was retained by the Integrity Commissioner for the Township of Brudenell, Lyndoch and Raglan to respond to a motion seeking to stay a decision of the Ontario Superior Court of Justice ordering the removal of a municipal councillor from office. This decision was made after finding that the councillor used her position to obtain a financial advantage for a family member contrary the Municipal Conflict of Interest Act.

The court was satisfied that a stay was not warranted. The court agreed that irreparable harm is not automatically established by the removal of a councillor. Any harm that may arise can be remedied by an order prohibiting the Township from filling the vacant seat until after a decision is issued on the underlying appeal, as suggested by the Integrity Commissioner. The court also agreed that the balance of convenience did not favour a stay because of the serious findings of misconduct made against the councillor.

The motion was argued by the Cassels team. The Endorsement of Justice Bell can be read here.  The appeal will be heard on expedited basis on January 18, 2022.

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