However, that provision does not prevent an application for judicial review to quash a by-law on the grounds that it is void (Wiswell v. Greater Winnipeg (City), 1965 CanLII 106 (SCC), [1965] S.C.R. 512 at 524). In the present application, the applicant and the intervenor argue that the compliance audit by-laws are void, as the City had no jurisdiction to pass them. The respondents argue that there was jurisdiction. Thus, a determination as to whether the challenge to the by-law is out of time requires a determination of whether the City had jurisdiction to enact the by-law. Is the by-law relating to the compliance audit expenses ultra vires the City of Toronto?
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