On an appeal from a dismissal of an application for judicial review of a series of decisions made by the City of Winnipeg in relation to the rezoning and development of a property, the Court of Appeal held that the application judge did not misapprehend either the law or the facts and exercised his discretion correctly in dismissing the application. The City had the jurisdiction to make the decisions in question and did not lose jurisdiction by the manner in which it made them.
Administrative law – Municipalities – Jurisdiction – Planning and zoning – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Judicial review – Procedural requirements and fairness – Statutory powers – Standard of review – Correctness Hechter v. Winnipeg (City), [2004] M.J. No. 357, Manitoba Court of Appeal, June 28, 2004, Scott C.J.M., Monnin ...