The bill attracted controversy for its intent to change electoral boundaries in the middle of a campaign, and was struck down as unconstitutional in September 2018[2] but a stay on this ruling was granted nine days later by the Court of Appeal for Ontario.
Two city councillors, Giorgio Mammoliti and Justin Di Ciano, along with several Toronto citizens, appealed the redrawing of ward boundaries at the Ontario Municipal Board.
[11] On July 27, 2018, the last day for candidate registration, former councillor and new Ontario Premier Doug Ford introduced the Better Local Government Act, also known as Bill 5.
Ford justified the legislation by stating that the council had "failed to act on the critical issues facing the city", and that expanding it to 47 wards would exacerbate the existing "dysfunction".
The province claimed that such a reduction would result in a savings of $25 million over the next four years (in comparison to the city's operating budget of $11.12 billion per-year).
Rocco Achampong, a candidate for one of the wards removed in the consolidation, launched a legal challenge over the bill in the Ontario Superior Court.
[5] On September 10, 2018, the Better Local Government Act was struck down as unconstitutional by Superior Court Justice Edward Belobaba, ruling that the larger wards infringed on citizens' rights to effective electoral representation, and that unilaterally changing electoral boundaries in the middle of a campaign infringed on candidates' freedom of expression.
[21] On September 19, 2018, the Court of Appeal for Ontario in Toronto (City) v Ontario (Attorney General) issued a stay on the previous Superior Court decision, ruling that Bill 5 "disrupted the campaigns that were already underway" but "does not limit or restrict any message the candidates wish to convey to voters", and was a "dubious ruling that invalidates legislation duly passed by the legislature".
[25] On October 1, 2021, by a 5–4 majority, the Supreme Court of Canada held that Ontario was permitted to reduce the size of Toronto City Council during the 2018 municipal election.