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David Bronskill quoted in "Cost to shovel sidewalk snow varies depending on where you live", Hamilton Mountain News

January-21-2009

Lawyer David Bronskill
Area Municipal, Planning and Property Tax

Details


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.