Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit

18. October 2022 0
Administrative law – Decisions reviewed – Environmental Appeal Board – Penalties – Compliance with legislation – Judicial review – Evidence – Standard of review – Reasonableness – Environmental matters – Assessment – Permits and licences – Inspections – Natural resources – Mining – Water Mount Polley Mining Corp. v. British Columbia (Environmental Appeal Board), [2022] ...

The plaintiff homeowner (Mr. Glaspell) took issue with his neighbour’s construction of a dock and boathouse on Big Cedar Lake. Mr. Glaspell commenced an action against several parties. He then brought a partial motion for summary judgment against some of the defendants seeking declarations with respect to the regulation of docks and boathouses constructed on Ontario lakes. The Court held that the defendant (the Corporation of the Township of North Kawartha) did have jurisdiction to enact and apply by-laws to these structures. The Court also held that occupancy permits and work permits were necessary for these structures.

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Natural resources – Water – Municipalities – By-laws – Power to enact by-laws – Planning and zoning – Building permits – Judicial review – Compliance with legislation – Jurisdiction Glaspell v. Ontario (Minister of Municipal Affairs and Housing), [2015] O.J. No. 3246, 2015 ONSC 3965, Ontario ...