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Lecture 1

PLAN 341 Lecture 1: PLAN 471 – Lecture 1

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PLAN 471 Lecture 2 (Jan 11) territories are delegated by federal govt, dont have independent constitutional status while provinces have independent authority Excerpt from Municipal Act Reading (Section 5 (3)) municipal act is the general legislation for municipalities thats why an official plan is passed by a bylaw, needs to be endorsed and passed by counsel, the legal authority is transferred by a bylaw section 239, all means should be open to the public, to emphasize practical things about public meetings, express situations where public is secluded from the meeting solicitorclient privilege doesnt meet anything if the meeting is happening in public the whole point is to ensure transparency in the municipality, this is for meetings in counsel lot of govt happens one on one, where for eg. Landowner sees a counselor or neighbourhood association sees counselor, this is why municipalities have lobbyists registries but exceptions to this: when litigations started, you have professional obligations to prevent you from speaking one on one from counselors, unless you have permission from lawyers from the city, approach to ensure certain level of fairness so no decisions are made that theyre not aware of , but clients can talk to them when it comes to body corporate, counsel acting as a corporation and as a natural person, it cant meet with anyone outside of the public process unless it meets one of the exceptions, when theyre functioning as a group they have those limitations, but not as an individual what court is interested in is if the counsel as a group was acting with bad faith, cause counsel as a group is the one passing the decision Pg 4 East York Case emphasizes the role of municipalities in constitutional terms Mike harris was conservative and wanted to change the way govt ran, collapse all the constituent municipalities that made of metropolitan Toronto that was a regional govt (east york, north york, scarborough, etc), collapse them all into one city of Toronto and one govt only north york declined to participate in challenging this combined municipalities without any public opinion municipalities challenged this on constitutional terms, except north york 34or is reporters, general division is general court date of decision is key, understanding the context in which the decision was made headnote editors summary of the case list of lawyers at bottom of pg 6 lots of lawyers involved, piece of legislation that was amalgating these municipalities decision at top of pg 7: application is type of cause of action where youre applying to the court for something, not an action, 2 kinds of cases: an application is brought when the facts arent largely in dispute (afadavid sworn of statement, arguing
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