Case law sides with Councillor Luck

Members of the public have recently been questioning whether Councillor Tony Luck voting on developments in the City of Merritt constitutes a conflict of interest.

Luck is a real estate agent, and the assertion is that he would benefit financially from approved developments.

Case law however sides with Coun. Luck.

Young and Anderson, a BC-based law firm, posted a document back in 2015 showing the rulings from various conflict of interest cases.

(The following is an excerpt from that document)

V.INTEREST IN COMMON

Some personal interests are held in common with other electors. In such a case, a Court may find that no conflict of interest exists.

With respect to business people, in Campbell v. Dowdall, the Court noted, in dealing with the assertion that a council member, who was also a real estate agent, should not participate in any matter whatsoever involving land use or development:

Indeed, lawyers, insurance agents, contractors, builders, merchants and virtually every kind of commercial or business endeavour has the potential to benefit in a pecuniary sense as a result of development in the municipality. Subdividing, home building, industrial development or other higher land use all leads to potential business for those in business. Unless the business of a municipal council is to be left to those who are not otherwise involved in business or commerce, it seems to me that the applicant’s broad proposition is too broad.

It is unrealistic to expect competent municipal government and at the same time exclude the business community from a large portion of the necessary business of the council …

In order to find a pecuniary interest on the part of a real estate agent in a matter before council involving land development or use, I think there would have to be something to connect the individual to the particular matter beyond the mere potential for future business which potential can be seen to apply broadly to business people in the area.

Just what that connection might consist of goes well beyond a commercial contractual interest in the land in question, and should not be confined by any attempt on my part in the circumstances of this particular case to catalogue.

In the case of the recent developments along Forksdale and Lindley Creek, Coun. Luck stated that he has no connection to the developers nor has he had a conversation with them regarding the properties.

It was noted in the report from Young and Anderson that “While assessing potential conflicts is highly fact dependant, the cases do provide some guidance with respect to how courts will assess conflicts and how council members should approach potential conflicts.”