Is a member of a municipality's executive committee disqualified from voting on any question in which he has a special or personal interest?
Saskatchewan, Canada
The following excerpt is from Stewart v. Yorkton, City of, 1982 CanLII 2530 (SK QB):
The law is clear that a council member is disqualified from voting on any question in which he has a special or personal interest distinct from that of the residents of the municipality generally. This prohibition is based on the view that a person in public office should not be put into a position to benefit himself by virtue of his position of trust. It is not essential to find that a vote was affected by the interest, but the mere possibility that it might be so affected is sufficient to disentitle the member from voting. L’Abbe v. Corporation of Blind River (1904), 7 O.L.R. 230.
If a bylaw is passed with the concurrence of one or more members who are disqualified from voting, the bylaw is void where the vote of such person is necessary to make up the number of votes required for its passing. L’Abbe v. Corporation of Blind River (1904), 7 O.L.R. 230; Coughlan and Mayo v. Victoria (1893), 3 B.C.R. 57.
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