Stephen F. McNamee

The applicant sought judicial review of an Inquiry Officer's decision upholding the proposed expropriation of its property for highway construction.

The applicant argued the hearing should have been adjourned pending the completion of a municipal traffic study.

The court dismissed the application, finding that the Inquiry Officer's refusal to adjourn was not demonstrably unfair and did not constitute a denial of natural justice or procedural fairness.

The appellants challenged the province's policy of seeking compensation for fire services fees from individuals involved in motor vehicle accidents, arguing it violated section 7 of the Charter by potentially deterring people from calling for essential services.

The Court of Appeal upheld the application judge's finding that there was no evidence to support this assertion.

The Court also affirmed that section 7 does not protect purely economic interests and that the province's process of establishing liability through the courts accords with fundamental justice.

The applicant sought judicial review of an Inquiry Officer's report under the Expropriations Act, alleging breaches of procedural fairness including the denial of an adjournment request.

The respondent challenged the Court's jurisdiction to hear the application.

The Divisional Court held it had jurisdiction because the Inquiry Officer's report is an important step affecting the property owner's interests.

However, the Court dismissed the application, finding the Inquiry Officer provided detailed reasons for denying the adjournment and did not breach the duty of procedural fairness during the hearing.