#70074
Sir Humphrey
Strataguru

    The by-law is about “playing”, which is different from someone walking to/from their residence.

    Says ‘playing’ in the title but the text of the by-law says “…must not permit any child … to be or remain on common property…”

    This is yet another respect in which the by-law looks weak to me. Can you prove the child was ‘playing’? Well no, but the by-law say ‘to be’ and the child certainly ‘was being’ on the driveway as they walked home from school. I vaguely recall somebody telling me the text of a clause in the law carries more weight than any heading. But I am not a lawyer. If it were really strictly limited to being about ‘playing’ children, I would expect the text of the by-law to refer to a child ‘playing’, not a child ‘being’. ‘Being’ seems as broad as you could get.