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BYLAWS AND RESOLUTIONS - Enforcement of bylaws - Ticketing - Grounds for invalidity

Thursday, March 07, 2019 @ 8:38 AM  

Lexis Advance® Quicklaw®
Application by Weisdorf seeking to quash the City of Toronto’s By-Law No. 799-2017. The applicant received a parking ticket pursuant to the By-Law, which established an administrative penalty system for certain parking tickets. He refused to pay the $300 penalty imposed. The Administrative Penalty Tribunal refused to consider the applicant’s constitutional question, which challenged the constitutionality of the administrative penalty system. It imposed a $50 administrative penalty. The By-Law set a maximum fine of $500 with no possibility of imprisonment.

HELD: Application dismissed. It was plain and obvious that sections 7 and 11(d) of the Charter did not apply to the administrative penalty system as it did not infringe or deprive a vehicle owner’s right to life, liberty and security of the person and the applicant had not been charged with a criminal or quasi-criminal offence. The principles of due process and natural justice were adequately addressed by the By-Law. The applicant knew the case he had to meet, and he had an opportunity to defend himself and be heard. The By-Law did not conflict with any federal or provincial legislation. It was not enacted for an improper purpose or in bad faith.

Weisdorf v. Toronto (City), [2019] O.J. No. 403, Ontario Superior Court of Justice, P.M. Perell J., January 28, 2019. Digest No. TLD-March42019012