A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The appellant, Catalyst Paper Corporation (the “Mill”), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts’ power to review municipal taxation bylaws. The Court dismissed the appeal. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal’s property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – By-laws – Municipalities – Taxation – Validity – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Catalyst Paper Corp. v. North Cowichan (District), [2012] S.C.J. No. 2, 2012 SCC 2, Supreme Court of Canada, January 20, 2012, McLachlin C.J. ...

A demolition order issued by a Regional Municipality pursuant to the Municipalities Act is overturned as unreasonable

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Unsightly premises – Demolition orders – Validity – Judicial review – Legislative compliance – Standard of review – Reasonableness simpliciter Beaudin v. Vanscoy (Regional Municipality No. 345), [2011] S.J. No. 97, 2011 SKQB 75, Saskatchewan Court of Queen’s Bench, February ...

The Appellant, the McLean Lake Residents Association, successfully challenged the validity of a zoning bylaw on the basis that it contravened the City of Whitehorse’s Official Community Plan

22. September 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Power to enact by-laws – Municipalities – By-laws – Validity – Planning and zoning – Judicial review – Compliance with legislation McLean Lake Residents Association v. Whitehorse (City), [2009] Y.J. No. 109, 2009 YKCA 11, Yukon Territory Court of Appeal, August 21, ...

The application by Western Forest Products (“WFP”) and the Association of British Columbia Landowners for judicial review of a series of bylaws adopted by the Capital Regional District (“CRD”) was allowed where the court found that the voting on the bylaws did not take place in accordance with the Local Government Act, R.S.B.C. 1996, c. 323 (the “Act”) and, consequently, the bylaws were illegal

24. February 2009 0
Administrative law – Natural resources – Timber licences – Decisions of administrative tribunals – Ministerial – Regional Districts – Municipalities – Planning and zoning – Change of by-laws – Validity – Voting procedures – Cost sharing – Definition – Judicial review – Compliance with legislation – Standard of review – Correctness Western Forest Products Inc. ...

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 ...

City Council of Brampton was entitled to delegate to its Licensing Committee the power to make recommendations respecting a determination as to whether a “body rub parlour license” should be issued to the applicant. In making the recommendation, the Licensing Committee was required to hold a hearing. However, the City Council was entitled to accept such a recommendation without holding a further hearing in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Rules and by-laws – Municipalities – Permits and licences – Planning and zoning – Judicial review – Compliance with legislation – Statutory interpretation – Versions of legislation – Validity – Procedural requirements and fairness – Discretion of delegated authority 1673233 Ontario Inc. (c.o.b. Eurohaven ...

The Appeal by Team Transport from the dismissal of its application for judicial review of the decision of two joint arbitrators was dismissed where the Court found that there was no reasonable apprehension of bias and Team Transport’s motive appeared to be a collateral attack on the legal validity of an Agreement which had been incorporated into an Order in Council, the constitutionality of which had been upheld

22. July 2008 0
Administrative law – Labour law – Arbitration – Arbitration agreements – Terms of agreement – Arbitrators – Powers – Judicial review – Appeals – Bias – Legislation – Orders-in-council – Validity – Jurisdiction Team Transport Services Ltd. v. Klair, [2008] B.C.J. No. 953, British Columbia Court of Appeal, May 28, 2008, M.A. Rowles, N.V. Newbury ...

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 ...

The Court quashed the Respondent’s decision to deny benefits to the developmentally and intellectually disabled Petitioner. By structuring its decision on an IQ criteria, the Respondent had acted outside of its jurisdiction and had fettered its own discretion.

22. August 2006 0
Administrative law – Administrative decisions – Community Living authority – Legislation – Validity – Ultra vires – Unlawful delegation of power – Judicial review – Compliance with legislation N.F. (Guardian Ad Litem of) v. Community Living B.C., [2006] B.C.J. No. 1331, British Columbia Supreme Court, June 12, 2006, Chamberlist J. The Petitioner was 19 years of ...