COURT FILE NO.: 276/07
DATE: 20070816
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
carnwath, spies and newbould jj.
B E T W E E N:
NICHOLAS GRAVEL LIMITED
Appellant
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO, MINISTRY OF NATURAL RESOURCES AND THE COUNTY OF HALDIMAND
Respondent
Paul J. Osier, for the Appellant
Dennis Brown and Connie Vernon, for Her Majesty The Queen in the Right of the Province of Ontario
Nicholas Adamson, for Ministry of Natural Resources
Sara Premi, for the County of Haldimand
HEARD at Toronto: August 16, 2007
CARNWATH J.: (Orally)
[1] The appeal will be dismissed. It is, of course, the trite law that an appeal from the Municipal Board is founded on an error in law.
[2] The appellant submits the Board made an error in law in failing to understand the nuances of the argument that the revocation of the licence was based on prior allegedly unlawful actions by the Ministry which tainted the ultimate revocation. We reject the submission. We find no error of law on this issue or indeed in any aspect of the Board’s decision. Reference was made by counsel for the appellant to errors of fact which play no part on the appeal. Nevertheless the Board concluded the appellant was not in compliance with certain conditions in the licence.
[3] It was clear to the Board there were conditions in the licence which were not in compliance at the time of revocation, nor at the time of the hearing. These were findings of fact which the Board was entitled to make on the evidence and which we of course cannot disturb.
[4] I endorse Volume I of the Appeal Book and Compendium as follows: “The appeal is dismissed for oral reasons given by Carnwath J. Submissions as to costs, if they cannot be agreed upon, to be submitted by September 1, 2007, limited to three pages.”
CARNWATH J.
SPIES J.
NEWBOULD J.
Date of Reasons for Judgment: August 16, 2007
Date of Release: August 27, 2007
COURT FILE NO.: 276/07
DATE: 20070816
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
carnwath, spies and newbould jj.
B E T W E E N:
NICHOLAS GRAVEL LIMITED
Appellant
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO, MINISTRY OF NATURAL RESOURCES AND THE COUNTY OF HALDIMAND
Respondent
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: August 16, 2007
Date of Release: August 27, 2007