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Municipal Discretion, Not Obligation

July 24, 2025 | Eric Davis and Rhyss Oldacre, SV Law

Municipalities in Ontario are often entrusted with broad legislative and administrative powers, including the creation and enforcement of local bylaws. However, the discretion afforded to them in how and when they enforce these by-laws can sometimes give rise to legal disputes.

Residents frustrated by a perceived lack of enforcement may seek legal remedies, commonly through allegations of negligence. Yet, Canadian courts have repeatedly affirmed the protective legal buffer around municipal discretion, balancing the need for public accountability against the operational realities of local governance.

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