Andrea Denovan

The appellant appealed a Small Claims Court decision regarding waste disposal fees charged by the City of Toronto.

The appellant failed to compact all its waste as required by the municipal bylaw, and the City charged the compacted rate for the uncompacted waste.

The appellant argued the General Manager acted outside his authority and performed a legislative function.

The Divisional Court dismissed the appeal, finding the General Manager was properly carrying out an administrative function necessary for the proper administration of the waste management program.

The court amended the trial costs award on consent.

The City of Toronto appealed a decision declaring its amending by-law unlawful.

The by-law purported to retroactively and prospectively require the municipal pension plan to pay the City's internal administrative costs out of the pension fund.

The Court of Appeal dismissed the appeal, holding that the pension plan constituted a true trust in favour of the employees.

The court found that the City did not reserve a power of revocation, and a general power of amendment does not include the power to revoke.

Therefore, the by-law constituted an unlawful partial revocation and breach of trust.