Council did not unlawfully sub-delegate decision making power or fetter its discretion

Municipal Law - Municipal Council - Judicial review

Applicants sought to judicially review two decisions of Council of the Corporation of the Township, whereby Council voted not to pass two resolutions that would have implemented process to change name of Swastika Trail, which was private. Application dismissed. Council did not unlawfully sub-delegate decision making power or fetter its discretion. Ultimately, based on record as a whole, including the reported comments made by Council members, councillors retained and exercised their discretion to decide whether to direct that a process be undertaken to change the name of road. It was evident that Council members did not exclusively base their decision on Cottagers’ Association's vote, but that they were influenced by number of factors. Record did not support a finding that Council fettered decision but, rather, that, as it was entitled to do, it had regard to an array of considerations.

Guzar v. The Corporation of the Township of Puslinch (2019), 2019 CarswellOnt 8914, 2019 ONSC 3511, Swinton J., Newton J., and Favreau J. (Ont. Div. Ct.).

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