City Councillor not an employee of City (Ras v. Mississauga (City))
Tuesday, January 9, 2024Stephen A. ThieleLitigationPolitical Law, Municipal Councillors, Civil Procedure, Status, Motion to Strike, No Reasonable Cause of Action
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Court finds that first-past-the-post electoral system is constitutional (Fair Voting BC v. Canada (Attorney General))
Thursday, December 7, 2023Stephen A. ThieleLitigationPolitical Law, Elections, Charter, Election System, Right To Vote
Canada’s federal elections, and the elections in most provinces and municipalities, are contested under a first-past-the-post or single member...
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Summons issued against Premier Ford valid but unenforceable because of parliamentary privilege
Monday, November 7, 2022Stephen A. ThieleLitigationPolitical Law, Public Inquiries, Summons, Parliamentary Privilege
There has been much political debate over the past few weeks about Premier Ford’s and Deputy Premier Jones’s refusal to voluntarily testify at the federal public inquiry into...
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City Councillor’s disclosure of confidential material to own lawyer breaches Code of Conduct
Friday, October 21, 2022Stephen A. ThieleLitigationPolitical Law
In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective...
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Statutory immunity and qualified privilege protect City Councillor against night club’s action
Friday, July 29, 2022Stephen A. ThieleLitigationPolitical Law, Torts, Municipal Councillors, Qualified Privilege
In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...
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Watchdog’s defamation action against municipality allowed to continue
Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP
The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an opponent’s policies and character has
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City Councillor gets burned for municipal conflict of interest over a matter involving a fire
Monday, November 29, 2021Stephen A. ThieleLitigationPolitical Law, Conflict of Interest, Removal from office
Municipal councillors and local board members are obligated to avoid participating in matters where their economic self-interest may be in conflict with...
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Incorrect Counting of Unused Ballots Results in Judicial Recount
Friday, October 15, 2021Stephen A. ThieleLitigationPolitical Law, Election Law, Recounts
An election is not officially over until all of the ballots are counted and the results are certified by the Chief Electoral Officer. This includes the...
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Wrong for City Councillor to have entered residential properties without permission
Tuesday, July 13, 2021Stephen A. ThieleLitigationPolitical Law, City Councillors
Politicians occupy an important position in our democracy. They are elected to represent all individuals and to make well-reasoned decisions that, among other things, steer and guide the economy, impose necessary limits on behaviour and put into place a social safety net that...
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Integrity Commissioner’s ruling against Councillor upheld, but Council cannot unreasonably restrain his ability to communicate with constituents
Tuesday, June 15, 2021Stephen A. ThieleLitigationPolitical Law, Scope, Remedies, Municipal Code of conduct for members
In general, politicians at all levels of government in Canada are required to either adhere to a Code of Conduct or are subject to integrity legislation. These Codes or statutory provisions are designed to...
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Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election
Friday, March 26, 2021Stephen A. ThieleLitigationPolitical Law, Contract Law, Contractual Rights, Political Parties, Membership
I preface this political law blog with the full disclosure that although I am involved in party politics, I am not a member of any federal political party in Canada...
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A Victory for Freedom of Speech
Monday, March 15, 2021Stephen A. ThieleLitigationFreedom of Expression, Political Law, Canadian Charter of Rights and Freedoms
The framers of the U.S. Constitution wrote that government “shall make no law…abridging the freedom of speech.” Although these words were written in the context of...
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Defamation action against Ontario Premier dismissed under Courts of Justice Act
Thursday, January 28, 2021Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationDefamation, Funds, Police Services Act, Members’ Integrity Act, Courts of Justice Act, Political Law
Early last year, the Premier of Ontario, Doug Ford, in a highly sensationalized lawsuit was sued for defamation by a former Deputy Commissioner and...
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