What is the test for proving bad faith in a municipality?
Ontario, Canada
The following excerpt is from Valastro v City of London, 2017 ONSC 773 (CanLII):
The onus of proving bad faith rests with the party alleging it and requires that the applicant demonstrate that the municipality acted in a manner other than in the public interest: see Uukkivi v. Lake of Bays (Township), 134 A.C.W.S. (3d) 909, at para. 31.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving that a councillor has breached the Municipal Censation Act? (Ontario, Canada)
What are the principles of good faith and good faith in the context of a wrongful dismissal? (Ontario, Canada)
Does the trial judge have any authority or authority to find a municipality liable for damages under the Municipal Act, 2001? (Ontario, Canada)
Does a municipality owe a duty of good faith and reasonableness in its enforcement of its bylaws? (Ontario, Canada)
What is the test for good faith in a municipal by-law? (Ontario, Canada)
On the basis of bad faith and breach of trust, is it possible to sue for damages against a bank for bad faith? (Ontario, Canada)
What steps must a municipality take to prove a sidewalk is in a state of non-repair? (Ontario, Canada)
Can a municipal council be found to have acted in good faith in enacting its own by-laws? (Ontario, Canada)
In what circumstances will a municipality be found to have enacted a bad faith By-law to designate a right of way as a public highway? (Ontario, Canada)
Does s.44 of the Municipal Act, 2001, c.25 stipulate a municipality's duty of respect to sidewalks within it? (Ontario, Canada)
