ONTARIO COURT OF APPEAL CONFIRMS RIGHT TO SUE MUNICIPALITY AND BY-LAW OFFICER FOR NEGLIGENCE

Lawyer Yan David Payne takes over carriage of case and succeeds at the Ontario Court of Appeal establishing new law.  Court unanimously overturns Divisional Court panel and recognizes client’s right to sue municipality and by-law officers for negligence and permits claim to proceed: “It is in everyone’s interest that by-laws not be enforced in an ‘unconstrained manner'”  Rausch v. Pickering (City), 2013 ONCA 740

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