Does a plaintiff have a right to sue the Town of Sainte-Foy for improperly assessed taxes?
Saskatchewan, Canada
The following excerpt is from Schick v. Edenwold No. 158 (Rural Municipality), 1988 CanLII 5288 (SK QB):
That proposition is not challenged on this application. Instead, counsel maintains that the plaintiff has a right to sue for the recovery of the improperly assessed taxes because the levy was made by the defendant in excess of its jurisdiction. Put another way, the plaintiff says the improper assessment of buildings by the defendant is a nullity being contrary to s. 310(1)11 of the statute. Able Skiver Farm Corporation v. Town of Sainte-Foy et al., 1983 CanLII 22 (SCC), [1983] 1 S.C.R. 403; 54 N.R. 345, is cited in support of the plaintiff’s position.
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