Discuss these common law criteria, which are also known as municipal law doctrines of judicial review, with specific reference to the adoption and administration of planning related bylaws.
Discuss these common law criteria, which are also known as municipal law doctrines of judicial review, with specific reference to the adoption and administration of planning related bylaws.
This examination will be worth 60% of your final grade. Each question has an equal rating.
Please limit the length of your answers to approximately two pages each (doubled spaced, 12 font). Marks may be deducted from answers which exceed three pages in length,
Please answer any three of four questions noted below:
A.) The City of Saskatoon has recently adopted a growth plan for a population of 500,000. A major goal of this plan is to encourage a greater balance between infill and greenfield development in order to improve sustainability, reduce outward growth pressures, provide more housing options close to employment areas and enhance transportation choices throughout the city.
Discuss the challenges and opportunities which the city planners will face in implementing this initiative with specific reference to the concept that “planning is a political and legal process”.
B.) People and businesses often rely on information from municipal officials. If they are given inaccurate or incomplete information, the municipality may be liable for losses that result.
The Supreme Court of Canada identified five elements necessary to establish liability for negligent misrepresentation. Discuss the issue of negligent misrepresentation with specific reference to these five elements.
C.) “Municipalities are creatures of the Province”
Discuss this statement with specific reference to the concepts and issues reviewed in this class throughout the year.
D.) Municipalities may only exercise their powers for municipal purposes that are within the ambit of delegated provincial powers. The common law requires a delegation of authority to be made expressly, and any right to further delegate that authority or to apply it in a discriminatory manner must also be expressly granted. The common law also presumes that a legislature does not intend to allow delegated powers to be used to make vague or uncertain laws, or to be used unreasonably, in bad faith, or for an ulterior purpose. Any municipal bylaw or other action that fails these common-law criteria for the exercise of delegated authority will be invalid.
Discuss these common law criteria, which are also known as municipal law doctrines of judicial review, with specific reference to the adoption and administration of planning related bylaws.
I also attached course materials for reference (no need for citation and reference list)
Subject: Law
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