Arguments were heard on a case that has pitted the town of Kamsack against itself in Yorkton's Court of Queen's Bench on Monday afternoon.
Kamsack resident Ken Fleet has filed a chamber application seeking to remove two town councillors, Dot Davies and Denise Grozik, from their seats on council. Fleet leads a group of residents who allege that Davies and Grozik have influenced council decisions by which Davies' husband and Grozik's employer, Dr. M. Davies, stands to benefit. The town was represented by lawyer Thomas Campbell.The decision on the December 20 chamber application will determine whether the case proceeds any further.
Most of Fleet's arguments were based around council votes and discussions which he believed had the potential to benefit or harm Dr. Davies' practice, rather than incidents in which actual benefit was realized for the physician. The judge expressed skepticism with this approach."You can't seek to disqualify somebody from sitting on the off chance that maybe there is a problem," she told Fleet.
In particular, Fleet could produce no documentation to support his most serious allegation, that the town has begun subsidizing rent at Dr. Davies' medical clinic.
However, in his final argument, Fleet cited as precedent two other cases in which it was found that even the "potential for direct or indirect economic benefit or loss" may be enough to meet the requirements of a pecuniary interest under the law.
In his response on behalf of the town, Campbell argued that Dr. Davies is overworked and on the verge of retirement, making it unlikely that he seeks to expand his practice. He insisted that each of the incidents submitted by Fleet were essentially a "rubber stamping" of recommendations by groups other than council, and therefore Davies and Grozik had no reason to excuse themselves. Campbell added that the Town of Kamsack had no involvement in some of the decisions named by Fleet, such as the transfer of the community's methadone program from Dr. Davies' clinic to the hospital.
The judge listened to Campbell's arguments without comment.
A written decision will be made on the application.
