Can a ratepayer sue in his own name on behalf of the other ratepayers to enjoin an ultra vires action of a municipality or other such authority?
Ontario, Canada
The following excerpt is from Hewitt v. Simcoe County Board of Education, 1981 CanLII 2925 (ON SC):
Counsel for the plaintiff has shown by a careful survey of a large number of cases that a ratepayer's action does lie in such a case as this. In MacIlreith v. Hart et al. (1908), 1908 CanLII 64 (SCC), 39 S.C.R. 657, it was stated that a ratepayer has standing to bring an action without the Attorney-General being a party to the proceedings where, in respect of a public right, the individual suffers special damage peculiar to himself by reason of an action of a public authority. However, the action complained of must be ultra vires and there must be damage arising from the action not merely displeasure. On the foundation of this case, it has long been held that a ratepayer may sue in his own name on behalf of the other ratepayers to enjoin an ultra vires action of a municipality or other such authority.
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