Mayor sues own municipality over refusal to cover legal costs

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

The mayor of the Rural Municipality of St. Andrews is taking the municipality to court after its council voted not to cover her legal costs she incurred while defending her authority as mayor.

According to a statement of claim filed on June 30 against the RM, Mayor Joy Sul is seeking indemnification for nearly $50,000 in legal fees it says she incurred while successfully challenging an “illegal bylaw” passed by council.

The filing traces the dispute back to December 2019, when council passed a bylaw preventing Sul from chairing council meetings and acting as the municipality’s spokesperson.

Sul challenged the bylaw in court, arguing it violated the Municipal Act, the provincial legislation that establishes the framework for local governments, but was initially unsuccessful in a 2021 Court of King’s Bench decision. She appealed, and in 2023 the Manitoba Court of Appeal set aside the original ruling, striking down the bylaw as invalid.

READ MORE: ‘I’m feeling vindicated’: Court of appeal rules in favour of St. Andrews mayor stripped of duties

The statement of claim, which names the RM of St. Andrews as the defendant, states that Sul submitted an indemnification request to the RM in July 2024 to recover legal costs she was “forced to undertake at great personal upfront expense.” It pegs the legal costs at $49,026.46.

The claim alleges the RM did not respond to the request until June 9 of this year, when it was brought to a vote. A review of that day’s council meeting confirms a resolution was carried stating council was “not in a position to accept her final demands of $49,026.46,” but the resolution did not elaborate further. Meeting minutes show Sul abstained from the vote.

“The resolution is contrary to the (Municipal Act), to their obligation to fulfill their assigned duties under the Act, including in this case to properly indemnify a member of their own council for costs incurred in the defence of their office, the public good, and the municipality,” the statement of claim reads.

The filing adds that council’s decision not to indemnify her was made “without any regard to procedural fairness or natural justice.”

“The council and the municipality were biased against the plaintiff and have at many times acted in inappropriate, divisive and hostile manners toward her.”

The 2023 Manitoba Court of Appeal decision notes that leading up to council passing the bylaw, council and Sul disagreed about a wastewater project, and councillors were concerned about decorum at council meetings.

Sul is seeking a declaration that council’s resolution not to indemnify her violated the Municipal Act and is invalid. She is also asking the courts for an order to send the decision back to council with judicial direction outlining its obligations under the Municipal Act.

In a statement provided through her lawyer, Sul called council’s decision “disappointing.”

“I never wanted to be back in court,” she told CTV News. “I made efforts to resolve this matter without further litigation, but I have been left with no other practical option than to ask the court to determine whether the municipality must meet what I believe to be their legal obligations.”

She added that she is not seeking damages or any personal financial gain from the legal action.

“I am simply seeking reimbursement for the legal costs I actually incurred while successfully defending my elected position,” she said.

Sul was first elected mayor of the RM north of Winnipeg in 2018 and was re-elected in 2022, securing more than 60 per cent of the vote in both elections.

CTV News has reached out to RM of St. Andrews for comment.

The RM has not yet filed a statement of defence.