By Dori Modney (@Dori_Modney on Twitter)

Court Rules Fort Macleod Mayor Owes the Town for Judicial Review Costs

Feb 26, 2016 | 1:12 PM

LETHBRIDGE: The amount is not as much as the Fort Macleod Town Council was seeking but, a Court of Queens Bench judge has ruled the Mayor does owe the Town court costs, resulting from the dismissal of a judicial review application.

The town was seeking $100,000, while the court set the reimbursement at $9,750.

Town Mayor, Rene Gendre, applied to the Court of Queens bench to set aside sanctions against him passed by Fort Macleod Town Council in 2014, which removed his powers as Mayor. However, his application was dismissed.

Dismissal of the sanction challenge resulted in the Town’s Council seeking court costs from Gendre, on behalf of the community.

Town Council was seeking $100,000, or five times the stipulated court costs, based on “the complexity of the proceedings, the importance of the decision to the community, the amount of work required, and the legal fees it incurred”. The Town’s lawyers cited precedent for the “elevated” costs.

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The Honourable Madam Justice K.D. Nixon heard the case in Lethbridge Court of Queen’s Bench in June of 2015. Her decision and reasoning behind it was handed down on Wednesday, Februry 24th.

Justice Nixon noted that while “the Mayor’s conduct was motivated by his interest in representing his constituency, the challenge was about his conduct and whether Counci’s response was appropriate.” She determined the case was not public interest litigation.

The judge set court costs to be paid by Gendre at $9,750, taking into account disclosure of Records and two half day applications where a brief was required.