What is the test for establishing that a city by-law is valid and good faith?
Ontario, Canada
The following excerpt is from Unifor, Local 1688 v. The City of Ottawa, 2018 ONSC 3377 (CanLII):
It is not contested that the onus of establishing that the City has enacted a by-law in the absence of good faith or one that is illegal rests on the party challenging the by-law. Furthermore, a by-law, properly enacted, is presumed to be valid and passed in good faith. (See Grosvenor v. East Luther Valley (Township), 2007 ONCA 55 (CanLII), 2007, 84 O.R. (3d) 346, paras. 26-28.)
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