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Corporations - By-laws. Hardick v. College of Chiropractors of Ontario
In Hardick v. College of Chiropractors of Ontario (Div Court, 2023) the Divisional Court considers when by-laws (here, of a professional College) may be impugned by bad faith:[36] Bad faith connotes a lack of candour, frankness and impartiality. It includes arbitrary or unfair conduct and the exercise of power to serve private purposes at the expense of the public interest: Equity Waste Management of Canada Corp v. Halton Hills (Town), 1997 CanLII 2742 (Ont. C.A.), 35 O.R. (3d) 321, at para. 61. Bylaws also may be set aside where they are passed for an improper purpose, including a purpose collateral to the one for which the power to make the bylaw was granted: Hummel Properties Inc. v. Niagara-on-the Lake (Town), 2022 ONCA 737, at para. 26; Markham v. Sandwich South (Township of), 1998 CanLII 5312 (Ont. C.A.), at para. 24.
[37] Dr. Hardick faces a heavy burden in seeking to demonstrate bad faith on the part of the majority of Council members: Friends of Lansdowne Inc. v. Ottawa (City), 2012 ONCA 273, 110 O.R. (3d) 1, at para. 79.
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