St. Andrews mayor appeals court decision to dismiss judicial review

A majority of council members in the R.M. of St. Andrews, Man., voted to strip Mayor Joy Sul (pictured) of a large portion of her power and authority as mayor during a special council meeting on Dec. 16, 2019. (Source: Danton Unger/ CTV News Winnipeg)

WINNIPEG -

The mayor of the RM of St. Andrews is appealing a court decision to dismiss her request for a judicial review after the rural municipality council stripped away key responsibilities from her.

During a special council meeting on Dec. 16, 2019, councillors in the RM voted to remove Mayor Joy Sul as chairperson and spokesperson for the rural municipality, duties typically held by the mayor. She requested a judicial review, leading to a two-day hearing in Manitoba's Court of Queen's Bench in June.

More than two months ago, Justice Victor Toews dismissed Sul's request for a judicial review of the decision, saying she, "has not established by clear evidence any bad faith or fraudulent intent.”

READ MORE: 'A sad day': Judge rules against request for judicial review by St. Andrews mayor

The notice of appeal, which was filed in Manitoba's Court of Appeal on Sept. 29, says a motion will be made on Sul's behalf in the Court of Appeal, appealing Toews' decision to dismiss the application and that Sul would be required to pay more than $22,000 in costs.

The appeal will also be seeking costs in favour of Sul.

The appeal alleges Toews "made an error of law," in his decision when deciding if the RM of St. Andrews acted within its jurisdiction when it enacted the bylaws, and when concluding that the rural municipality had the authority under The Municipal Act to enact those bylaws and resolutions.

Bernice Bowley, the lawyer representing the RM of St. Andrews and John Preun – the two respondents named in the notice of appeal – said she would not comment as the matter is before the courts.

-with files from CTV's Charles Lefebvre