We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
JUDICIAL REVIEW OF MODERN MUNICIPALITIES: RETHINKINGVIRES REVIEW.
- Authors
BROOK, TED
- Abstract
For much of the twentieth century, there were two conflicting approaches to the review of municipal powers in Canada—a generous approach and a strict approach. Although the Supreme Court has now fully embraced the former, the Ontario Court of Appeal and the Ontario Superior Court continue to employ the strict approach whenever questions of vires are raised. In this paper, the author argues that vires review has become a bastion in Ontario for limited deference toward municipalities and submits that this development is problematic. Not only is this inconsistent with the Supreme Court’s modern approach to municipal decision-making, it undermines the trend since Dunsmuir v New Brunswick toward greater deference for administrative actors. In making his argument, the author explores recent developments in administrative law, the standard of review analysis, and the standard of reasonableness specifically. By putting aside the policy debates around municipal decision-making and focusing instead on the legal arguments for greater deference, the author seeks to bring a fresh perspective to the discussion about the proper role of local government in Canada.
- Subjects
MUNICIPAL government; POWER (Social sciences); ONTARIO. Court of Appeal; ADMINISTRATIVE law; CANADIAN politics &; government
- Publication
University of Toronto Faculty of Law Review, 2015, Vol 73, Issue 2, p66
- ISSN
0381-1638
- Publication type
Article