Can a municipal council be found to have acted in good faith in enacting its own by-laws?
Ontario, Canada
The following excerpt is from 2386240 Ontario Inc. v. The City of Mississauga, 2018 ONSC 3162 (CanLII):
By-laws must be presumed to have been enacted in good faith unless the contrary can be proven. If there are lawful grounds upon which the municipal council can be found to have acted, the court should not presume that the council acted beyond its authority or that it intended to do so: McKay v. The Queen, 1965 CanLII 3 (SCC), [1965] S.C.R. 798, at 803-804.
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