What is the legal test for a member of the public to have a real financial interest?
Ontario, Canada
The following excerpt is from RIVETT v. BRAID ET AL, 2018 ONSC 352 (CanLII):
It has been held that the pecuniary interest of the member must be a “real one”: Magder v. Ford, at para. 42. Additionally, since a pecuniary interest results in a prohibition against participation in a public meeting, which if not obeyed, attracts a severe penalty, it is appropriate to strictly interpret the pecuniary interest threshold: at para. 43. In the absence of a real financial interest that has crystallized, a pecuniary interest should not be presumed, nor should the spectre of it prevent a member’s participation in the matter before council: (at para. 42).
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