DATE: 20060306

DOCKET: C44547(M33286)

COURT OF APPEAL FOR ONTARIO

RE:

DANIEL GARY PREDIE (Applicant (Appellant) – and – THE ONTARIO MINISTRY OF THE ENVIRONMENT, AND THE HONOURABLE LEONA DOMBROWSKY AND THE CORPORATION OF THE CITY OF BARRIE (Respondents (Respondents in Appeal))

BEFORE:

McMURTRY C.J.O., FELDMAN and LANG JJ.A.

COUNSEL:

Jameson W. Clow

the moving party, the respondent Corporation of the City of Barrie

Heather C. Mackay

for the respondent, Ministry of the Environment

Daniel Predie

In person

HEARD & RELEASED ORALLY:

March 1, 2006

On appeal from the judgment of Justice Robert N. Weekes of the Superior Court of Justice, sitting as a single judge of the Divisional Court, dated October 28, 2005.

E N D O R S E M E N T

[1] The appellant has appealed a decision of a single judge of the Divisional Court directly to this court.

[2] We agree with the submission of the applicants on this motion that this appeal must be quashed. The proper route for such an appeal is to the full panel of the Divisional Court on motion under s. 21(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43. See Overseas Missionary Fellowship v. 578369 Ontario Ltd. (1990), 1990 6771 (ON CA), 73 O.R. (2d) 73 (C.A.) and Milton (Town) v. Kalmoni Establishments Inc. (1996), 1996 1534 (ON CA), 31 O.R. (3d) 157 (C.A.).

[3] The appeal is therefore quashed but without prejudice to the appellant bringing the appropriate motion in the Divisional Court if he desires. In the circumstances, there will be no costs of this motion.

Signed: “R. Roy McMurtry C.J.O.”

“K. Feldman J.A.”

“S. Lang J.A.”