Can a judicial review to quash a by-law on the grounds that it is void?

Ontario, Canada


The following excerpt is from Holyday v. City of Toronto, 2010 ONSC 3355 (CanLII):

However, that provision does not prevent an application for judicial review to quash a by-law on the grounds that it is void (Wiswell v. Greater Winnipeg (City), 1965 CanLII 106 (SCC), [1965] S.C.R. 512 at 524). In the present application, the applicant and the intervenor argue that the compliance audit by-laws are void, as the City had no jurisdiction to pass them. The respondents argue that there was jurisdiction. Thus, a determination as to whether the challenge to the by-law is out of time requires a determination of whether the City had jurisdiction to enact the by-law. Is the by-law relating to the compliance audit expenses ultra vires the City of Toronto?

Other Questions


What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the appropriate remedy for a decision maker who quashes a judicial review? (Ontario, Canada)
What is the appropriate standard of review for an appeal from a judgment refusing judicial review? (Ontario, Canada)
What is the standard of review in judicial review? (Ontario, Canada)
What is the standard of review of a judicial decision on a question of law? (Ontario, Canada)
Can an individual employee bring a judicial review of an award made by a union under a collective agreement? (Ontario, Canada)
What is the effect of endorsement on an application for judicial review? (Ontario, Canada)
What is the current state of the law on appeal and judicial review? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.