In what circumstances will a court order that a city should appoint a commission to supervise the construction of a new city hall and court house?
Alberta, Canada
The following excerpt is from 642718 Alberta Ltd. v. Alberta (Minister of Public Works, Supply and Services), 2005 ABQB 810 (CanLII):
In Darby v. Toronto (1889), 17 O.R. 554, the City of Toronto was sued by some of its ratepayers after it published a pamphlet in support of a bylaw permitting the City to build a new combined city hall and court house. In part the pamphlet said that the City would require construction to be supervised by three commissioners who would be appointed by the City. After passing the bylaw, the City decided not to appoint the commissioners, and the ratepayers sued for an injunction disabling the City from building until it had appointed the commissioners. The action was dismissed; however, the court refused to order that costs be paid to the City because it considered its actions discreditable.
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