Joe Chan v. Samuel Michael Katz

(Manitoba) (Civil) (By Leave)


Judgments and orders - Declaratory judgments, Conflict of interest.


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Judgments and orders – Declaratory judgments – Conflict of interest – Applicant applying for declaration that mayor in conflict of interest – When a superior can be said to have influenced a recommendation made by an official under his control – Whether there is a discretion to refuse to apply conflict of interest standards – What is standard of review of a court of appeal on appeal from a superior court when deciding these questions?

In December, 2010, Mr. Katz, the mayor of Winnipeg, held a Christmas party to which city councillors and staff were invited, at a restaurant that he owned. The cost of the party was paid for by a cheque issued out of city hall in the approximate amount of $3,000. Mr. Chan, a resident of the city of Winnipeg, applied under the Municipal Council Conflict of Interest Act, C.C.S.M., c. M255 for a declaration that the mayor had violated s. 16.