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Ongoing Offences
Continuing Bylaw Breaching Conduct
Last Updated: July 02 2026
Question: Can a person in Ontario be repeatedly accused of the same bylaw breach if the problem keeps happening, and who can help defend against repeat municipal bylaw charges?
Answer: If you keep committing or failing to stop an ongoing bylaw breach in Ontario, Freed Legal Services (Paralegal) can help you understand why res judicata and double jeopardy protections often do not bar repeat charges in ongoing conduct cases, where each day or period can be treated as a continuing offence rather than a single, discrete event. A quick review of the bylaw, dates, evidence, and any prior outcomes can help identify arguments such as lack of a continuous breach, procedural issues, or seeking appropriate resolutions to reduce fines and risk; call (800) 716-1897 to get practical help from a paralegal serving clients across Ontario.
Can a Person Be Repeatedly Accused of a Bylaw Violation?
Continuous Violation of a Bylaw May Lead to Repeat Charges and Fines.
Understanding the Inapplicability of the Res Judicata Principle to Continuous Bylaw Violations As Ongoing Offences
Generally, the law forbids a person from being charged twice for the same offence. The concept, informally known as double jeopardy, prevents a person from being accused of, and needing to defend against, the same offence more than once. However, although a person is protected against being charged twice for the same criminal offence or same provincial offence, in some circumstances, the offence is continuous and may result in repeated charges.
The Law
The legal doctrine of res judicata, roughly translating to "things decided" in Latin, functions to prevent the recurrence of charges against an individual for a single infraction; but, the application of the res judicata doctrine is limited to a sole specific infraction like disregarding a red traffic signal while driving rather than encompassing an ongoing offence that could arise with a bylaw violation. In the case of R. v. Nolis, 2012 ONCJ 446, the inapplicability of the res judicata doctrine to ongoing bylaw offences was addressed whereas it was said:
[57] In Re EnerNorth Industries Inc., 96 O.R. (3d) 1, [2009] O.J. No. 2815, 2009 ONCA 536 (O.C.A.), R. A. Blair J.A., in delivering the judgment for the court, describes the doctrine of res judicata, starting at paragraph 53:
The doctrine of res judicata is a common law doctrine that prevents the re-litigation of issues already decided. It is founded on two central policy concerns: finality (it is in the interest of the public that an end be put to litigation); and fairness (no one should be twice vexed by the same cause). The doctrine is part of the general law of estoppel and is said to have two central branches, namely, "cause of action estoppel" and "issue estoppel."
Cause of action estoppel refers to the determination of the cause or causes of action before the court. The applicable form of res judicata in this case, however, is issue estoppel. Issue estoppel prevents a litigant from re-litigating an issue that has been clearly decided by a court of competent jurisdiction in a previous proceeding between the same parties or their privies even if the new litigation involves a different cause of action.
[58] In the matter before me, the applicable form of res judicata is issue estoppel. For issue estoppel to be successfully invoked, three conditions must be met: (1) the issue must be the same as the one decided in the prior decision; (2) the prior judicial decision must have been final; and (3) the parties to both proceedings must be the same, or their privies (Danyluk v. Ainsworth Technologies Inc., [2001] 2 S.C.R. 460, 2001 SCC 44, at para. 25, per Binnie J.).
As shown by the Nolis case above, the res judicata principle, often termed issue estoppel, pertains to a specific legal matter that was already resolved by the courts. As a consequence, debate over what legal issue was previously resolved by the courts occasionally arises. To put it simply, when a person commits a single offense, such as failing to come to a complete stop at a red traffic light while driving, the person may only face a charge for that action once; however, if the person repeats the offence at some other time, the person may face charges for committing the offence a second time. While this might seem logical to most people, confusion can arise when, as opposed to committing an infraction for a second time, a person allows continuance of the initial infraction. An example would be permitting excessive noise to persist after receiving an initial charge for a noise violation. The case of Dysart (Municipality) v. Reeve, 2000 CanLII 16841, tackled the contrast between an ongoing bylaw violation and an infraction transpiring at a single moment by confirming that despite the notions within the res judicata doctrine, recurrent charges may arise if an ongoing infraction is involved. Specifically, Dysart stated:
[22] ... Multiple prosecutions of an accused or a defendant may well, at some point, justify a stay. See, for example, R. v. Jack (1997), 1997 CanLII 356 (SCC), 117 C.C.C. (3d) 43 (S.C.C.) and R. v. Mitchelson (1992), 1992 CanLII 4018 (MB CA), 71 C.C.C. (3d) 471 (Man. C.A.). But the context is important. These defendants were charged not with a Criminal Code offence, but with regulatory offences, with violating the municipality’s land use requirements. The offences are not alleged to have occurred at a discrete point in time but to be ongoing violations. The practical effect of a stay would be to give the defendants a legal non-conforming use by court order without the merits of their position ever having been adjudicated. Viewed in this way, it seems to me the community’s tolerance for successive prosecutions is greater than it might be in other kinds of cases. At least for now, the community’s interest in enforcing its land use requirements outweighs any unfairness in prosecuting the defendants again.
Summary Comment
A person who fails to cease a bylaw breach or otherwise allows a bylaw breach to continue in an ongoing manner may be charged repeatedly with an offence for doing so.
NOTE: A considerable quantity of inquiries featuring “lawyers in my area” or “top lawyer in” typically signifies an urgency for competent legal assistance rather than a precise job title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation cases. Advocacy, legal assessment, and procedural expertise are fundamental to this function. Freed Legal Services provides legal representation within its licensed scope, focusing on strategic alignment, evidentiary preparation, and effective advocacy aimed at securing prompt and beneficial resolutions for clients.
