How have courts dealt with judicial review of a decision made under the same bylaw enforcement regime?
British Columbia, Canada
The following excerpt is from Yard Investment Inc. v Langley (Township), 2018 BCSC 1658 (CanLII):
In Leaf v. Langley (Township), 2018 BCSC 335, the court addressed judicial review of an adjudicator's decision made under the same bylaw enforcement regime. The petitioner had been ticketed under the Township's Animal Control Bylaw (2005) for permitting excessive dog barking. He disputed the tickets before an adjudicator who upheld the infraction and resulting fines: at para. 15. Judicial review was sought on the basis that the adjudicator had committed an error of law in failing to address the defence of due diligence.
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