The City of Toronto and its Clerk brought an application for declaratory relief regarding the coming into force of by-laws establishing a 47-ward structure for the 2018 municipal election and the resulting composition of city council.
The respondents had previously raised concerns about a potential 'legal vacuum' in their unsuccessful motion for leave to appeal an Ontario Municipal Board decision.
The Superior Court of Justice dismissed the application, declining to exercise its discretion to grant declaratory relief because there was no live legal dispute between the parties, affected voters had not been given notice, and the application effectively sought an inappropriate advisory opinion.
