Can the Commissioner of Public Prosecutions force a city council to approve an expenditure which has not been approved?
Ontario, Canada
The following excerpt is from MacDougal, Sons and Co. v. Water Commissioners (Windsor), 1900 CanLII 20 (ON CA):
It appears to me, therefore, that the council, or the electors speaking by their by-law, in either case are the paramount authority, and that the commissioners cannot force their hand by entering into contracts which call for an expenditure which has not been authorized, though it may be within the corporate power to provide for it. I refer to Ottawa v. Keefer (1896), 23 A.R. 386, merely to shew that it has not been overlooked.
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