What is the test for establishing an error in judgment under Section 10(2) of the Municipal Corporations Act?
Ontario, Canada
The following excerpt is from Baillargeon v. Carroll, 2009 CanLII 4510 (ON SC):
In order to establish an error in judgment under Section 10(2) of the Act, it is necessary for the elected municipal official to have proceeded with “good faith as to that error of judgment. He or she must be honest, forthright and open, acting in complete good faith. The courts do not require perfection of conduct. However, good intentions and a complete lack of deceit and collusion are required”. (See Sheehan v. Harte (supra) at para. 14.)
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