On June 27, 2003, the Ontario Superior Court of Justice ruled in favour of the Region of York’s by-law taking jurisdiction over the King City community collection system from the Township of King. The township had initiated an application to quash the by-law on the basis that it was illegal and beyond the region’s jurisdiction under the Planning Act, Environmental Assessment Act and Regional Municipalities Act.
The court confirmed that it was within the region’s jurisdiction and found that “the Region has made all reasonable efforts to cooperate with the Township” to implement the option to connect the York-Durham Sewer System as recommended by the Class Environmental Assessment. The judgment has been appealed to the Ontario Court of Appeal.
York Region was represented by Stikeman Elliott LLP, with a team that included Jim Harbell, Timothy Banks and Leslie Sole. The Township of King was represented by Rodney Northey of Birchall Northey in Toronto.