Petition to disqualify Kamloops councillor over perceived conflict of interest dismissed

KAMLOOPS — A judge has tossed out a group’s effort to have a Kamloops city councillor removed from office over an alleged conflict of interest.

On October 31, 2024, a group of 10 residents filed a petition in BC Supreme Court calling for Councillor Mike O’Reilly’s disqualification from office, saying his participation in the Build Kamloops process represented a conflict. The group also sought to have the judge order a new process to choose a location for a proposed arena multiplex. Last December, Justice Kenneth Ball refused to allow the group to add an 11th petitioner.

O’Reilly is the president and CEO of Comet Industries, and holds shares in the publicly-traded company. Comet is building an industrial park on a 190-acre plot of land in the area of Iron Mask Road. That site is about four kilometres from the Hillside Drive location chosen by council for the multiplex. O’Reilly chaired council’s Build Kamloops Select Committee in 2024, when it recommended the Hillside Drive site.

In a written decision dated Tuesday (May 27), Ball dismisses the petition ‘in its entirety.’

Ball notes the group missed a 45-day window to apply for a councillor’s disqualification, as set out in the Community Charter. The judge noted one of the petitioners, Patrick Snell, should have been aware of the conflict on July 30 when the arena multiplex was discussed at an open council meeting in which Snell participated.

However, Ball also ruled the evidence was inadequate to necessitate O’Reilly’s removal from council.

“…I would note that even if the limitation periods had not expired, I would not be able to conclude that the petitioners had established a conflict of interest or established the basis on which the Arena Bylaw ought to be set aside,” wrote Ball.

The judge noted affidavits given by the petitioners were speculative and full of inferences rather than statements of known fact.

“They are all replete with statements of information and belief without stating the source of the information,” wrote Ball. “These affidavits are not proper evidence before the Court.”

In addition to the dismissal, Ball ruled the group is responsible for paying legal costs incurred by both O’Reilly and the City of Kamloops.

Speaking for the petitioners in an email to CFJC, Bronwen Scott said the petitioners are considering an appeal. Scott notes the group feels Justice Ball did not consider evidence crucial to the thrust of the petition.

“This was not a frivolous claim,” wrote Scott. “We spent at least 400 hours researching and compiling evidence and claims and about $5,000 in filing fees and office supplies to bring the case to court.”

CFJC has reached out to O’Reilly for comment and will update this story with his comments when they are available.