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Opening comments: More at the end.
Toronto Star - Sept 30 1982 - By Mike Funston Mayor had no conflict
lawyer says at appeal A County Court judge was wrong In ruling that Mississauga Hazel McCallion breached the Municipal Conflict of Interest Act, her lawyer said at divisional court yesterday. "Her only sin was to have lived in a house, in the municipality since the early 1950s ... in an area now under consideration for development," Douglas Laidlaw told the three hearing appeals on the lower court
decision. Judge Ernest West ruled July 22 that McCallion breached the act by participating in a Nov. 2 council meeting dealing with land development in an area she and her husband, Samual, own a house on a five acre lot. But West did not remove her from office because he said she merely erred in judgment. She received no direct financial benefit and had no dishonest intent, he said. Ratepayer John Graham, who took McCallion to court, is appealing the lack of a penalty in the case. McCallion launched a counter appeal that she is not in violation of the act. Laidlaw based his case on the legal principle of community of interest --- that McCallion's status as a homeowner is no different than any other ratepayer and therefore posed no conflict. Council members who, own property have a pecuniary interest in issues such as mill rates or assessments, but community of interest permits them to deal with the issues without contravening the act, Laidlaw argued. If sure a principle did not exist and the act was strictly applied, it would paralyze the operation of councils, he said. Graham's lawyer, John Laskin, argued that McCallion did not mention community of interest before and had declared a conflict, relating to her property, at several council meetings. The planning district, where she lives, East Credit, was approved ahead of others for future development and the parcel of land she has is capable of subdivided, he said. Laskin was to continue his argument today.
[COMMENTS BY DON B. - ]
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