The RM of Thompson is moving ahead with an appeal in its effort to disqualify Coun. Donna Cox, despite a court ruling that reinstated her and ordered the municipality to pay most of her legal costs.
In October 2023, a Court of King’s Bench judge ruled in favour of Cox, ordering the RM to pay $45,000 toward her legal fees and allowing her to remain on council. The judge found the RM had acted improperly in trying to remove Cox for missing three committee meetings.
The RM filed an appeal in January, arguing the judge misinterpreted Manitoba’s Municipal Act and should not have ordered the municipality to pay Cox’s legal expenses. Reeve Brian Callum said the decision should be set aside.
The RM of Thompson and the Local Urban District of Miami previously applied under the Municipal Act to disqualify Cox and declare her council seat vacant. The attempt followed her absence from three consecutive committee meetings, all held at 9:30 a.m., while she was working at her full-time job with the provincial government.
Cox, who was first elected as a Ward 2 councillor in October 2022 after serving as a school trustee, said her employer would not grant unpaid leave for the morning meetings. Shortly after her election, the RM council passed a bylaw changing regular council meeting times from alternating 9:30 a.m. and 5 p.m. to only 9:30 a.m. meetings.
Cox was the only councillor to vote against the change and informed council she would only be able to attend one meeting per month if the new schedule was adopted.
Callum testified in court that the new schedule simply worked better for most councillors.
In addition to reinstating Cox, the judge ordered the RM to cover 95 per cent of her legal costs—about $45,000.
Local resident Scott Mayert has attended council meetings this year to voice his opposition to the RM’s continued legal efforts. He submitted a petition with more than 60 signatures, urging council to stop what he sees as a waste of taxpayers’ money.
“There are so many more important things that money could be spent on,” Mayert said. “I think it’s prudent that council spend money in ways that benefit the taxpayer, and I see no way this court battle does that.”
Mayert said he’s spent hours presenting to council, contacting media and reaching out to the provincial government in hopes of ending the dispute.
“The RM is still going forward with the appeal. So now it’s a wait-and-see if they win or lose, and where we go from there.”
Callum told Mayert at a recent meeting that the issue is no longer just about the Municipal Act or Cox, but about the cost implications.
Cox has continued serving on council since her reinstatement, but the RM has not changed its meeting schedule to accommodate her.
