The applicant, a full member of the Ontario Association of Landscape Architects, brought an application for judicial review to quash a by-law that reduced the number of examination sections required for full membership from five to three.
The applicant argued the by-law was unreasonable, created two categories of full members, and was contrary to the public interest.
The Divisional Court dismissed the application, finding that the enactment of the by-law was a legislative function not amenable to judicial review for reasonableness, the by-law was intra vires the Association's statutory powers, and the court should defer to the Association's expertise in setting professional standards.