Is there a statutory duty or obligation of the City of Ottawa to enforce a particular type of public nuisance bylaw?
British Columbia, Canada
The following excerpt is from Butterman v. Richmond (City), 2013 BCSC 423 (CanLII):
Similarly, it is not in issue that the manner of enforcement of the bylaw in question is a matter of policy within the discretion of the City. There has been neither a suggestion that there is an express statutory duty obliging the City to enforce the bylaw nor any argument that such is implicit. In the absence of such a positive duty, the jurisprudence establishes that the City is afforded broad discretion to determine how it will enforce its own bylaws, and that the manner of enforcement is not to be left to the whims or dictates of the citizenry (see Foley v. Shamess, supra, at para. 29).
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