Netletter

Welcome to the January 2007 Administrative Netletter.

In this issue:

  1. Decisions of administrative tribunals
  2. Judicial Review Application
  3. Municipalities

Please let me know if you have any questions about any of the cases discussed in the netletter. I would be happy to provide you with additional information.

Sincerely,

William Clark,
Chair, Administrative Law Practice Group
Editor, Administrative Law Netletter
wclark@harpergrey.com

About this Newsletter
The Harper Grey LLP Administrative Netletter provides a monthly review of new cases and emerging issues in Canadian administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.


Decisions of administrative tribunals

Disability Support Program; Hearings - Appeals; Judicial review - Evidence - Natural justice
The Court dismissed the appeal by the Director of Ontario Disability Support Program from a decision by the Divisional Court allowing Crane’s appeal from the denial of her claim for disability benefits and ordering a new hearing. Crane v. Ontario (Director, Disability Support Program), [2006] O.J. No. 4546

Coroner’s inquest; Judicial review - Parties - Standing - Test - Public interest; Bias
The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing. Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553

Judicial Review Application

Practice and procedure - Adjournment; Motor vehicles - Breathalyser test - Decisions of administrative tribunals - Superintendent of Motor Vehicles; Hearings - Failure to produce records
The appeal by the Superintendent of Motor Vehicles from an order quashing a decision confirming Bahia’s prohibition was allowed where the Court held that the failure of the Superintendent to provide legible copies of certain documents to Bahia was not fatal to the administrative process involved in issuing a driver’s prohibition. Bahia v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 2948

Municipalities

Permits and licences - Building permits - Powers under legislation; Legislation - Ultra vires; Judicial review - Compliance with legislation - Standard of review - Correctness
The appeal by a manufacturer of “sandwich panels” used in the construction of solariums or sunrooms (“Craft-Bilt”) of the refusal of the Chief Building Officer of the City of Toronto to issue building permits for three properties was allowed where the Court found that it was beyond the power of the municipality to eliminate a means of approval for materials and design that was mandated by the Legislature. Craft-Bilt Materials, Ltd. v. Toronto (City), [2006] O.J. No. 4710


For comments or suggestions, please contact:

William Clark
Administrative Law Group Chair
Harper Grey LLP
Barristers & Solicitors

t: 604.895.2808
f: 604.669.9385
e: wclark@harpergrey.com
w: harpergrey.com

   
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