Simon's Legal Resources

(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Something Big

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS

(What's a Topic?)

Paramountcy - Municipal

. Windsor Housing Providers Inc. v. Windsor (City)

In Windsor Housing Providers Inc. v. Windsor (City) (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, here from a dismissed JR attempting to quash a municipal by-law that licensed "residential rental housing".

Here the court references the doctrine of 'paramountcy':
[13] As we explain, none of the impugned provisions breaches the Charter or is inconsistent with provincial legislation. We note further that by-laws should be read as consistent with federal and provincial legislation unless obeying one necessarily means disobeying the other: Croplife Canada v. Toronto (City) (2005), 2005 CanLII 15709 (ON CA), 75 O.R. (3d) 357 (C.A.), at para. 63, leave to appeal refused, [2005] S.C.C.A. No. 329; R. v. Pahal, 2023 ONCA 13, at para. 46.

CC0

Unless authorship is otherwise stated or obvious from the context, all
written materials in this website were created by Simon Shields, who
waives all of his copyright and related or neighboring rights to this
Isthatlegal.ca webpage. Note in particular that this waiver only applies to
Simon's material, as copyright in statutory/regulatory materials and
case extracts were never his to give away.




Last modified: 04-02-25
By: admin