Is severance the appropriate remedy when a portion of a taxing bylaw is found illegal?
British Columbia, Canada
The following excerpt is from TimberWest Forest Corp. v. Campbell River (City), 2009 BCSC 1804 (CanLII):
I note that a number of cases were referred to in Catalyst v. Campbell River, as support for the conclusion that the appropriate remedy when a portion of a taxing bylaw is found illegal is severance. In the circumstances of this case, it is my view, that severance is the appropriate remedy for those portions of the bylaw which are ultra vires.
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