Court orders Manitoba community to pay councillor’s legal expenses following failed attempt at ouster

A Manitoba judge has ordered a community to pay the legal costs for a councillor who they tried to oust in 2023.

A written decision, dated Oct. 10, awarded Donna Cox 95 per cent of her legal costs following a battle with the RM of Thompson, who tried to disqualify her from serving as a councillor.

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Manitoba Court of King's Bench Justice Chris Martin wrote in his decision Cox spent over $45,000 in legal fees to be reinstated as a councillor.

" Lest one think this bill is patently unreasonable, the Municipality expended over $65,000 for legal fees related to this ill-conceived and failed venture, albeit some of which would have been for legal advice for the disqualification process, leading to the litigation," he wrote.

Cox was elected in October 2022 to represent Ward 2 in the community. However, soon after she was elected, council changed meeting times so they occurred in the morning. Cox, who worked a full-time job, objected to the change, since her employer only granted her time off from work to attend some meetings, but not all of them.

Council disqualified Cox in April 2023 for missing three committee meetings, and said she could not participate in council meetings. Cox refused to resign in May.

In February, Martin reversed the decision, and restored Cox to council. He said in his decision that councillors set Cox up to fail.

"Ms. Cox’s absences were not a matter of neglect, irresponsibility, or intention to flout her obligations to attend meetings; she was stuck," he wrote. "Her expectation to maintain her livelihood, while being a municipal Councillor, was reasonable."

"Committee, Council and Councillors made no effort to accommodate or assist her, as a duly elected representative, with Council or Committee schedules. Rather, it developed an obstinate posture where, as the Reeve (Brian Callum) conceded, 'she had to decide between her job and fulfilling the duties of a councillor.'"

In a statement, Brian Callum, Reeve of the RM of Thompson, said the council hasn't reviewed the decision with their lawyer, and they have no comment at this time.

-With files from CTV's Danton Unger