Leave to Intervene in Supreme Court of Canada Case addressing Municipal Powers: Westcan Recyclers Ltd. v. Calgary

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The decision

2026-05-20 · Toronto City Council · adopted

As filed

City Council on May 20 and 21, 2026, adopted the following: 1. City Council authorize the City Solicitor, with retroactive authority if required, to: a. bring a motion seeking leave to intervene in the appeal to be heard by the Supreme Court of Canada of the decision in Westcan Recyclers Ltd. v Calgary (City), dated February 27, 2025, by the Alberta Court of Appeal; and b. intervene in the appeal if leave is granted by the Court.

The vote

Adopt Item · Carried, 20-2

Against (2)Nick Mantas, Stephen Holyday

Absent (4)Dianne Saxe, James Pasternak, Paula Fletcher, Vincent Crisanti

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On the agenda

As the city filed it

The City Solicitor is seeking authority to proceed with a motion for leave to intervene in a case being heard at the Supreme Court of Canada, where the Court will consider the extent to which a municipality is required to distinguish between good governance and natural person powers when passing by-laws that also advance its own commercial interests.

Staff recommended

The City Solicitor recommends that: 1. City Council authorize the City Solicitor, with retroactive authority if required, to: a. bring a motion seeking leave to intervene in the appeal to be heard by the Supreme Court of Canada of the decision in Westcan Recyclers Ltd. v Calgary (City), dated February 27, 2025, by the Alberta Court of Appeal; and b. intervene in the appeal if leave is granted by the Court.

On the record

The item as the City filed it

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