The appeal concerned a municipal restructuring proposal that combined a minor land transfer between neighbouring municipalities with the annexation of multiple unorganized townships, thereby avoiding the need for majority support from electors in the affected unorganized territory.
The court held that municipalities must act within both the letter and the purpose of their enabling legislation, and that a by-law inconsistent with the policy underlying the Municipal Act is ultra vires and illegal.
The impugned by-law and resolution were found to be a device to circumvent the statutory consultation and support structure contemplated by s. 25.2.
The appeal was dismissed and the quashing order upheld.
