Can a party to a designating by-law be challenged for failing to provide adequate notice of the intent of the municipality?

Ontario, Canada


The following excerpt is from Foley v The Corporation of the Town of St. Marys, 2015 ONSC 6214 (CanLII):

Counsel for the applicants submits that even if her clients had had actual advance notice of the municipality’s intentions and had been in attendance at the council meeting when the designating by-law was passed that they could nevertheless challenge its validity more than seven years later. I do not accept that submission. It is founded on the assumption that s. 67 is an exhaustive code for the manner by which notice is to be given. However, in St. Peter’s Evangelical Lutheran Church v. Ottawa, S.C.C. supra. at page 627, McIntyre J. writing for the court stated “the manner in which that notice may be given is prescribed in s. 67 of the Act, which is reproduced above. While I would not consider that s. 67 provides the only manner of giving notice, it is my opinion that some positive step in that regard must be taken.” [emphasis added]

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