Municipal by-law challenge (application to quash)
A court application to quash a municipal by-law that is beyond the municipality's power or made unfairly.
What is included
- Reviews the decision, the record and the legal grounds
- Advises whether judicial review, a Charter claim or another route fits
- Prepares the application, affidavits and written argument
- Argues the case in court
- Gives notice of constitutional questions to governments where required
What is not included
- Filing fees, transcripts and other disbursements
- Further appeals or other proceedings not covered by the lawyer's written retainer
- Independent medical or other reports
Who this service is for
- People and businesses affected by a tribunal or government decision
- Groups challenging a law or by-law
- People affected by correctional or parole decisions
Information to have ready
- 1The decision and reasons
- 2Documents filed with the decision-maker
- 3The law, by-law or policy being challenged
- 4A timeline of events
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$800/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is judicial review?
A court reviews whether a decision-maker acted fairly, within its powers and reasonably. It usually does not rehear the evidence, and if it succeeds, the matter is often sent back to be decided again.
Which court hears judicial review?
Most Ontario decisions are reviewed by the Divisional Court, and most federal decisions by the Federal Court.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Tribunals and courts can only decide the issues the law gives them
- Deadlines to appeal or apply keep running during a referral
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