http://www.canlii.org/en/on/onsc/doc/2009/2009canlii41539/2009canlii41539.html
[54] Section 2 (1) of the Sewer By-law defines the “Benefiting Lands” as “lands that will be able to obtain sewer services from the Sanitary Works, as described in Schedule “A”.” I agree with the respondent that the Sewer By-law is not discriminatory. All of the lands described in Schedule “A” obtain the benefit of the Sewer By-law. That is, the land is being benefited whether or not the property owner makes the decision to hook into the sanitary sewer or not. These circumstances are quite distinct from ones where one or more class of property owners are treated differently by a proposed by-law. Here, all owners of the property described in Schedule “A” are treated the same and are entitled to receive the same benefit.
Goodfellow Crescent
