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


Lawyer David Bronskill
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.