Does a common law by-law have to be quashed?
Alberta, Canada
The following excerpt is from Urban Development Institute v. Rocky View (M.D. No.44), 2002 ABQB 651 (CanLII):
In Van Der Veen v. Fort Simpson (Village), [1994] N.W.T.J. No. 51, Vertes J., quoting Rogers, The Law of Canadian Municipal Corporations, supra, stated at paragraph 11: The court has jurisdiction at common law to set aside a by-law or to pronounce a declaratory decree concerning its validity. Hence, the validity of a by-law may, incidentally to an action, be decided upon by a court and this is so although the by-law has not been quashed and the time for quashing has expired.
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