David Bronskill quoted in "Cost to shovel sidewalk snow varies depending on where you live", Hamilton Mountain News
|Area||Municipal, Planning and Property Tax|
Excerpt from "Cost to shovel sidewalk snow varies depending on where you live", by Craig Campbell:
Lawyer David Bronskill is a partner in the Goodmans LLP municipal law group. He explained sections 9 through 11 of the Municipal Act can give municipalities the broad powers to create bylaws in certain jurisdictions, including the protection of health and safety – which is likely used by cities to create sidewalk snow clearing bylaws.
“Courts have generally deferred to municipalities,” Mr. Bronskill said.
He’s not aware of any case where a citizen has challenged a municipality’s right to create such a bylaw, or to charge and fine for snow clearing.
“(Municipalities) would say you’ve got to have a mechanism for enforcement, or it’s a toothless bylaw.”
But he said the municipality’s costs for clearing a sidewalk should be broken down to prove the city isn’t charging a tax. The fees must recoup costs incurred by the city.
“There has to be some connection or relationship to what was provided,” Mr. Bronskill said.