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.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

List of changes proposed by AG Downey in bill 161

Questions remain on funding sustainability in legal clinic system

Judges to receive training on human trafficking

New criminal law program targets high school students

Advocates’ Society mourns passing of former president Ted Rachlin

Canadian lawyers Brian Cohen and Rhonda Rudick join the American College of Trust and Estate Counsel

Most Read Articles

Judiciary’s comments on women come to fore

Appeal court frees catastrophically injured from ‘absurd,’ ‘Kafkaesque’ rule

Federal Crowns to get payout from Phoenix pay system

Free online programs launched by Ryerson’s Legal Innovation Zone