Although the decision in New Glasgow v. Brown appears to support a claim by a municipality against council members where property has been converted, the authority is very old. Counsel’s research has not found any indication that a Canadian court has dealt with the issue since 1907. I am not satisfied that I have sufficient information to make a definitive determination with respect to the nature and extent of any claim which could be made by a municipality against elected officials for unauthorized actions. Is it limited to the tort of conversion or is it broader in scope? Does it capture all council members who participated in the discussion and may have been aware of the decision or only those who took active steps to implement it? Further research may shed some light on these issues.
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