What is the test for restoring a person who was removed from office for gross misconduct?
Manitoba, Canada
The following excerpt is from Oberg et al. v. Canada (Attorney General), 2012 MBQB 64 (CanLII):
Ultimately, if it is established that the plaintiffs ought not to have been removed from office, they may be restored. There is also authority to the effect that the loss of office itself and to which the officeholder may be entitled do not constitute irreparable harm which cannot be compensated by damages (Weatherill v. Canada (Attorney General) et al. (1998), 1998 CanLII 7320 (FC), 143 F.T.R. 302 at para. 30 (F.C.T.D.)).
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