The Court of Appeal’s decision in Foley v. St. Marys (Town) is one of the few cases that involve the limitation period in section 273(5) of the Municipal Act:
[28] To summarize, a party may commence proceedings to quash a bylaw under s. 273 of the Municipal Act, 2001 by way of application. Such a proceeding is captured by the statutory one year limitation period. Alternatively, a party may commence an application or an action for declaratory relief. Such a proceeding is distinct from the statutory remedy of quashing a bylaw under s. 273, and as such, is not captured by the one year limitation period.
This is not particularly revelatory stuff, but it’s unusual enough issue to be of note.
