Case information

Municipal law – Bylaws – Validity – Whether a municipality passing a bylaw, in response to a dispute between neighbouring landowners, is obligated to provide direct notice to both of the neighbouring landowners in order to comply with its duty of fairness and, if so, whether a failure to do so is procedurally unfair and constitutes bad faith.

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The applicants owned a farm property which included an abandoned orchard of apple and pear trees. The respondent Township passed a bylaw designating diseased fruit trees as noxious weeds under the Weed Control Act, R.S.O. 1990, c. W.5. Following complaints from a neighbouring apple farmer about the orchard’s condition, the Township issued an order to destroy the diseased trees. The applicants did not comply with the order, and did not appeal it. The Township cut down the applicants’ diseased orchard. The applicants commenced an action seeking general damages from the Township for negligence, misfeasance in public office, negligent assumption of jurisdiction, trespass, and nuisance. The applicants also sought declarations that the subject by-law was “passed in bad faith, not in the public interest, and improperly targeted the [applicants]” and was “vague, uncertain, overreaching, and ultra vires” the Act. The applicants’ action was dismissed. The applicants’ appeal was dismissed.