Graham Reeder

The appellant developer sought a declaration that a COVID-19 emergency regulation extending limitation periods also extended the 36-month deadline in a City of Toronto by-law for submitting a building permit application after receiving a demolition permit, which would have entitled the appellant to a development charge reduction of $6.7 million.

The application judge dismissed the application, finding the by-law deadline was not a limitation period within the meaning of the regulation.

The Court of Appeal found no error and dismissed the appeal.

The applicants, a First Nation and its former Chief, brought an application under Rule 14.05(3)(d) and (h) seeking declaratory relief regarding the interpretation of the Environmental Assessment Act and the Crown's Duty to Consult and Accommodate.

The application arose in the context of the proposed Marten Falls Community Access Road in the Ring of Fire region.

The Superior Court of Justice dismissed the application, finding it lacked jurisdiction to rewrite legislation or provide a de facto reference on how the Crown should discharge its duty in the future without a live factual dispute.

The court held that the application did not raise a justiciable issue and was not properly brought under the Rules of Civil Procedure.