Category:By-Laws: Difference between revisions

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Revision as of 02:52, 20 December 2019 (view source) P08916 (talk | contribs) (Created page with "==Interpreting a Municipal Bylaw== ===[http://canlii.ca/t/j2nfp Potusek v. Township of Alnwick-Haldimand, 2019 ONSC 5677 (CanLII)]=== [22] I agree with the judge below that...")		Latest revision as of 22:56, 8 May 2023 (view source) Sharvey (talk | contribs) mNo edit summary
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	==Interpreting a Municipal Bylaw==		[[Category:Ontario Small Claims Court]]
			[[Category:Ontario Superior Court (Civil)]]
			[[Category:Ontario Inferior & Superior Court (Criminal)]]
			[[Category:Landlord & Tenant (Residential)]]
			[[Category:Municipal Law]]
	===[http://canlii.ca/t/j2nfp Potusek v. Township of Alnwick-Haldimand, 2019 ONSC 5677 (CanLII)]===		==Overview==
			* [[Interpreting a Municipal Bylaw]]
	[22] I agree with the judge below that the task of interpreting a municipal bylaw, like statutes, involves both a broad and a purposive approach. Section 64 of the Legislation Act, 2006, SO 2006 c 21, sch F provides that statutes are to be given a “fair, large and liberal interpretation as best ensures the attainment of its objects”. In [http://canlii.ca/t/1fqwt Rizzo & Rizzo Shoes Ltd. (Re), 1998 CanLII 837 (SCC)], the Supreme Court of Canada endorsed the modern approach to statutory interpretation as follows:		* [[Waterloo Rental Housing License - Charging Rent]]
	::Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.
	[23] In [http://canlii.ca/t/1kg3l Croplife Canada v. Toronto (City), 2005 CanLII 15709 (ON CA)], the Court of Appeal stressed that the approach to interpreting municipal bylaws is one of large and purposive construction. Moreover, it said that courts ought to be constrained in finding a bylaw invalid so as not to impinge on municipal democracy.

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Latest revision as of 22:56, 8 May 2023