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Municipal - Enforcement of By-laws

. Syrowik v. Wheeler

In Syrowik v. Wheeler (Ont CA, 2021) the Court of Appeal commented on the requirements of s.440 of the Municipal Act, where private parties may make an application to enjoin breach of a by-law:
[7] Section 440 of the Act reads as follows:
If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened, in addition to any other remedy and to any penalty imposed by the by-law, the contravention may be restrained by application at the instance of a taxpayer or the municipality or local board.” [Emphasis added.]

[8] Both parties submit that the application judge erred in concluding that in order to succeed on an application to enforce a by-law under s. 440 of the Act, where a municipality has declined to do so, a taxpayer is required to show that the Municipality acted unreasonably or in bad faith in declining to enforce the by-law.

[9] We agree. The appellants were not seeking an order compelling the Municipality to enforce the Fence By-law. ...


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