Must Your Chair Sit In Their Chair?

• Law Firm: MLT Aikins LLP
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Author: Mr Milad Alishahi, James Mercury and Emma Ashworth (Articling Student)
• Published date: 27 April 2023

A municipality's efforts to prevent its mayor from chairing council meetings have been struck down by the Manitoba Court of Appeal.

The Manitoba Court of Appeal recently considered whether a municipal council can remove a mayor's duty to preside as chair during council meetings in Sul v The Rural Municipality of St. Andrews, Manitoba et al., 2023 MBCA 25.

In December 2019, Council for the RM of St. Andrews ("Council") voted to remove the mayor's duty to preside over council meetings following the mayor's controversial public comments and failure to maintain decorum at council meetings. Council amended its procedures bylaw to give it the authority to appoint council members to preside as chair over council meetings. Council subsequently passed two resolutions that appointed certain councillors to the positions of chair, deputy chair and spokesperson on behalf of the RM.

The mayor challenged the validity of the bylaw amendments and corresponding resolutions, which the application judge deemed to be within the RM's authority. The mayor subsequently appealed the application judge's decision to the Manitoba Court of Appeal

Reasonableness review requires a contextual analysis

The Court of Appeal was tasked with determining whether the application judge chose the correct standard of review and properly applied it in his decision.

After reviewing the decision, the Court of Appeal determined the application judge erred in his...