What is the effect of a by-law being attacked and not being set up as a defence?
Alberta, Canada
The following excerpt is from School District (Jasper) No. 3063 v. Diamond Motel Limited, 1977 CanLII 544 (AB QB):
The three cases cited as authority for the last sentence in this quotation do not in my opinion apply where, as here, the by-law is being attacked and is not being set up as a defence (Lafferty v. Stock (1853), 3 U.C.C.P. 9 at 19).
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