Beaulieu

The applicants sought judicial review of a municipal council's decision refusing to designate a historic francophone church under the Ontario Heritage Act.

The council had passed a resolution requiring the property owner's consent before considering any heritage designation.

The Divisional Court held that imposing such a condition was manifestly unreasonable and contrary to the purpose of the Act, which contemplates balancing public and private interests and does not make owner consent a prerequisite.

The application for judicial review was granted and the matter remitted to the council for reconsideration.

The applicant union sought judicial review of an Ontario Labour Relations Board decision finding that the repainting and repair of a water tower by the respondent employer was maintenance work, not work in the construction industry.

The union argued the Board used the wrong definition and denied natural justice by refusing to hear evidence about a different project.

The Divisional Court dismissed the application, holding that the Board's decision was not patently unreasonable and that the excluded evidence was irrelevant, meaning there was no denial of natural justice.