Tag Archives: By-law

How to quash a municipal by-law

Municipal councils in Ontario are granted significant power, discretion and autonomy in their ability to pass municipal by-laws.  However, they are required to adhere to certain principles of fairness and openness which are necessary in our democracy.

Where a municipal council has acted in bad faith or in an illegal manner to pass a by-law there is a remedy for disgruntled citizens under section 273 of the Municipal Act which permits an applicant to bring a court application to quash the bylaw.  Section 273 states:

273. (1) Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality.