The Applicant trailer park owner applied for judicial review of a bylaw passed by the Respondent City, which implemented a licensing fee for the owners of trailer parks. The Court held that the bylaw was ultra vires of the licensing authority granted to the City because the fee was intended as a tax.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Powers under legislation – By-laws – Ultra vires – Power to enact by-laws – Permits and licences – Fees – Service fees – Property assessment – Trailer parks – Judicial review – Compliance with legislation Gould v. Weyburn (City), [2009] S.J. No. ...

The court held that a section of a by-law, which authorized an animal control officer to destroy a dog based on his belief that it had attacked another animal, was ultra vires the Municipality. The court quashed a decision purportedly made by a municipal officer in reliance on the section, and also held that the officer owed a duty of fairness to the dog owner, that he had not discharged, and which provided a further basis on which to quash the decision.

24. February 2009 0
Administrative law – Municipalities – Animal control – By-laws – Validity – Ultra vires – Judicial review – Compliance with legislation – Procedural requirements and fairness – Remedies – Certiorari Rogier v. Halifax (Regional Municipality), [2009] N.S.J. No. 19, Nova Scotia Supreme Court, January 16, 2009, D.R. Beveridge J. The Applicant applied for judicial review ...

The appellant strip club successfully appealed the dismissal of its judicial review application of the City of Hamilton’s licensing committee’s decision to revoke its adult entertainment license for failure to actively carry on business within a reasonable time. The Court of Appeal found that the City’s failure to provide proper disclosure of the basis of the proposed revocation and an accurate statement of grounds tainted the hearing from the outset and denied the appellant’s right to a fair hearing. This failure to comply with its obligation of procedural fairness was sufficient to set aside the licensing committee’s recommendation and council’s decision adopting it.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Permits and licences – Renewal of business licence – By-laws – Hearings – Conduct of hearings – Disclosure – Evidence – Judicial review – Procedural requirements and fairness – Natural justice 1657575 Ontario Inc. (c.o.b. Pleasures Gentlemen’s Club) v. Hamilton (City), [2008] O.J. No. ...

The Court allowed the appeal of a company from a decision of the Subdivision and Development Appeal Board of Parkland County regarding a stop order issued to the appellant for unauthorized storage of pipe on its land. Unbeknownst to the appellant, the County’s Manager of Planning and Development Services remained in the hearing room while the Board deliberated and decided the appeal, thereby giving rise to a reasonable apprehension of bias.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Municipalities – By-laws – Judicial review – Hearings – Conduct of hearings – Procedural requirements and fairness – Reasonable apprehension of bias – Standard of review – Correctness 506221 Alberta Ltd. v. Parkland (County), [2008] A.J. No. 261, Alberta Court of ...

The appeal by Hastings Park Conservancy (“HPC”) from the dismissal of its petition for judicial review of a zoning by-law regarding the installation of slot machines at Hastings Race Course was dismissed

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Municipalities – Planning and zoning – Park land – By-laws – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Hastings Park Conservancy v. Vancouver (City), [2008] B.C.J. No. 487, British Columbia Court of Appeal, March 20, 2008, ...

An application for judicial review of the City’s action in amending its zoning bylaw without notice to the Applicant, when the zoning bylaw was at issue in a separate appeal. The Court held that the City had breached its obligations of procedural fairness to the Applicant when it amended its bylaw without notice to the Applicant when it knew or should have known that the Applicant had a legitimate interest in the subject matter of the bylaw.

25. March 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Validity – Notice and consultation – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), [2008] A.J. No. 26, Alberta Court of ...

A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Landlord and tenant – Conduct of tenant – By-laws – Practice and procedure – Administrative tribunals – Adjournment – Failure to provide reasons – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Natural justice – Remedies – Alternative remedies Markwart v. Prince Albert (City), ...

An application for judicial review of a Bylaw passed by the Respondent City of Red Deer to regulate drinking establishments was dismissed. The Bylaw was not ultra vires the Municipal Government Act. The City enacted the Bylaw for municipal purposes and without ulterior motive. The Bylaw did not confer unlimited or illegal power. The Bylaw did not result in a duplication of powers under the Gaming and Liquor Act because that legislation did not address safety concerns that were particular to a specific community. The delegation permitted by the Bylaw was administrative and was therefore legal.

28. November 2006 0
Administrative law – Municipalities – Legislation – By-laws – Ultra vires – Permits and licences – Fees – Judicial review – Compliance with legislation – Powers of delegated authority – Jurisdiction – Standard of review – Correctness Passutto Hotels (1984) Ltd. v. Red Deer (City), [2006] A.J. No. 1100, Alberta Court of Queen’s Bench, September 5, 2006. ...

An appeal was allowed from a Divisional Court decision concluding that the Normal Farm Practices Protection Board (the “Board”) lacked jurisdiction to determine whether a zoning bylaw restricted a normal farming practice. The Divisional Court erred in adopting an interpretation of the words “municipal bylaw” that excluded a zoning bylaw. Therefore, the Board had jurisdiction to determine the issue. However, the Board’s decision was unreasonable, as it did not comply with a provincial policy statement regarding the required distances between farm operations and their neighbours.

28. November 2006 0
Administrative law – Municipalities – By-laws – Planning and zoning – Permits and licences – Variance orders – Decisions of administrative tribunals – Farm Practices Protection Board – Government policies – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Hill and Hill Farms Ltd. v. Bluewater (Municipality), [2006] O.J. No. 3674, Ontario Court of ...