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Liability Claims for Ineffective Enforcement – What’s Scary and What’s a Scare Tactic

It can be difficult to distinguish the situations in which liability is a real legal concern from those in which claims of potential liability are overblown and used to scare local governments into prioritizing a particular enforcement action. This paper discusses the legal principles that relate to the duties and discretions of a local government in conducting bylaw enforcement and how the risk of a successful claim being proven in court in relation to ineffective enforcement can depend significantly on where the contravention occurs.

Presented at MIABC Risk Management Conference, April 6, 2023.


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