THE QUASHING AND ATTACKING OF MUNICIPAL BY-LAWS

Abstract

In this article the author discusses the scope of the rights of individuals seeking to challenge the validity of a municipal by-law. In doing so, he discusses recent Canadian cases whereby the quashing provisions of the municipal legislation of most provinces have been interpreted. He then goes on to examine cases whereby an alternate method of determining the validity of a by-law has been discussed, that of an ordinary action brought by a person “interested” in the by-law. Here, the author discusses the right of ratepayers in challenging the validity of a municipal by-law, as well as the role of the Attorney General in lending his name to an action in the event that the ratepayer or other individual commencing the action does not have sufficient interest.