An Alberta Court of Queen’s Bench justice has instructed Rocky View County (RVC) to pay Coun. Samanntha Wright $40,000, wrapping up a legal battle that absolved the councillor who was accused of alleged pecuniary interest and failure to pay taxes in 2019.
Justice Nicholas E. Devlin issued his ruling on costs for the legal dispute on Nov. 19, recapping his reasoning for dismissing the County’s case against Wright earlier this year, and granting her enhanced costs to be paid by the municipality.
“In the final analysis, I find that Wright should be indemnified, to a reasonable extent, in respect of the conflict of interest application, and should receive enhanced costs in respect of the tax arrears application,” he wrote in his ruling on costs.
“Therefore, I exercise my discretion to award Coun. Wright lump-sum costs for both applications… in the total amount of $40,000, inclusive of disbursements, GST and costs submissions," the ruling reads, noting the total "amounts to a proportionate but meaningful enhancement of costs.”
The case involving RVC and Wright dates back to January 2020, when Wright’s council colleagues attempted to have her disqualified from council for alleged pecuniary interest.
The accusation emerged after Wright voted in January 2019 on the conceptual scheme and land-use re-designation for the Bear's Paw Heights development, which is adjacent to her home.
RVC later added Wright’s $10,572.27 in property tax arrears as another reason to disqualify her from council. Wright claimed she was unaware of any unpaid taxes at the time, as her husband is in charge of their household’s finances.
After the case went through the courts in 2020, Devlin ruled in favour of Wright earlier this year. His May 31 verdict argued the County’s legal case was an act of political vendetta against Wright, who was among the three RVC councillors sanctioned in 2019.
“On the application, I found that Wright did not have a conflicting pecuniary interest within the context and meaning of the Municipal Government Act… and had not acted in a manner that would disqualify her from continuing to serve in her elected capacity,” Devlin wrote on Nov. 19.
The judge also argued Wright’s failure to pay taxes was “careless” and “irresponsible,” but ultimately did no harm and was not grounds for her disqualification from council.
Reached for comment on Nov. 24, Wright said she was pleased to see Devlin’s ruling on costs. She added her legal team had requested $43,000 in award of costs, which would amount to about 73 per cent of the approximately $59,000 she had spent on the case.
“You have to remember, everyone seems to think when you go to court, you get every single penny back,” she said. “You’re lucky when you go to court if you get 25 per cent back, so to get 70 per cent was absolutely amazing. Honestly, I don’t believe from the perspective of what a court award would be that we could have done better.”
Wright said the ruling on costs adds further argument that the County’s case against her was politically motivated, and that “wasn’t in the best interests” of the municipality.
“It didn’t follow due process and I think he awarded [for costs] accordingly on that,” she said.
“I think the ruling speaks for itself. It’s very damning against the previous council’s behaviour.”
Devlin’s ruling also spoke to what he called an asymmetry and imbalance when it came to financing the lawsuit.
“When a majority of councillors vote to commence a judicial process to remove one of their colleagues for alleged misfeasance or disqualification, they do so with the comfort of being backed by the public purse,” he said. “The subject councillor, on the other hand, is left to defend his or her office and livelihood from personal funds.”
Wright agreed, adding it was tough to have to back her case with her own money while the County was able to lean on the support of taxpayers in funding the lawsuit.
“You can’t just take people to court because it’s not your own money,” she said. “And if you’re a deep-pocketed individual, there has to be some understanding that, if this is what’s going to happen, you’re going to be held accountable for it.”
On Nov. 25, RVC issued the following statement to the Rocky View Weekly with regard to the ruling on costs in their case against Wright:
“Rocky View County expresses our thanks to Justice N.E. Devlin for their prompt ruling and judgment,” the statement read. “We appreciate that the matter is now concluded, and we look forward to working together with Coun. Wright as we continue to serve the residents of Division 4.”
