Is a municipal councillor required to declare an interest in the sale of a piece of land where the land is to be sold?
Ontario, Canada
The following excerpt is from Tuchenhagen v. Mondoux, 2011 ONSC 5398 (CanLII):
In Campbell v. Dowdall, supra, the councillor, who was a real estate agent, had been retained to sell a particular piece of land. His client, the vendor, applied to sever the land. The councillor recognized that he had a pecuniary interest in the applications and left the meeting when they were discussed. The vendor made a further application. He sought permission to remove the topsoil from one of the building lots that the councillor, as a real estate agent, was involved in selling. The topsoil would be sold. The councillor did not declare an interest. The court found that the councillor had a "money- related connection" to the land. If the land were sold, he, or his employer, would receive a direct financial benefit. The court held that the councillor had a pecuniary interest in the application that permitted the removal of the topsoil. He should have declared his interest, as he had when the severance of the lot had been under consideration.
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