The city will appeal a Superior court decision striking down Hamilton's so-called "supermailbox" bylaw based on advice from a constitutional expert.

After a long closed-door session, councillors voted 9-4 Wednesday to appeal last week's decision by Justice Allan Whitten, who found Hamilton's last-minute bylaw violated the federal jurisdiction of Canada Post.

Council passed the bylaw this spring in an effort to regulate — and by default, delay — installation of 1,000 unpopular community mailboxes on the Mountain. Canada Post argued it wasn't legally bound by municipal rules, setting the stage for provincial offences charges and an eventual court standoff won by the Crown corporation.

But councillors were convinced by the opinion of hired constitutional expert Ian Binnie, a former Supreme Court justice, that an appeal is worth a shot.

"While the outcome of an appeal is not free from doubt, it seems to me there is good reason to dispute the correctness of some of (the Superior court) conclusions," wrote Binnie in a memo to the city. "The issues are of considerable importance across Canada. The clarification of the applicable law by a higher court is, I believe, desirable."

Vocal bylaw supporter Coun. Terry Whitehead cheered the decision. "You don't come this far only to stop ... based on what appears to be a flawed decision," he said, reiterating his belief the regulatory bylaw "can work in harmony" with Canada Post.

The appeal won't change plans by Canada Post to end door-to-door mail delivery on the Mountain July 17, said spokesperson Jon Hamilton. "We continue to complete the installation process based on the feedback we've received from homeowners," he said, adding community mailboxes for 36,000 Mountain households will start receiving mail July 20.

The city, while appealing the bylaw decision, won't pursue an injunction against ongoing installations.

Not everyone agreed the city should keep up the fight.

Mayor Fred Eisenberger said he preferred to pursue a "more collaborative approach" with Canada Post and added he worried the court actions and associated costs could "go on endlessly."