The applicant, who held a registered easement over a property used as a common area by cottagers, sought a declaration to void a municipal tax sale of the property.
The City had proceeded with the sale after the registered owners failed to pay taxes for years.
The applicant argued the City's treasurer failed to exercise his discretion to stop the sale, which would prejudice the cottagers' use of the land.
The court found the treasurer failed to exercise his broad discretion to ensure fairness, rendering the process unreasonable.
The tax sale was declared void, but the court declined to order the City to provide notice of future tax sales to easement holders, as the Municipal Act does not require it.
