Court File and Parties
CITATION: Ball v. Kingston Area Taxi Commission, 2011 ONSC 2200
DIVISIONAL COURT FILE NO.: DC-10-00001552-0000
DATE: 20110407
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HACKLAND R.S.J., FERRIER and BRYANT JJ.
BETWEEN:
ROBERT GERALD BALL
Applicant
- and -
KINGSTON AREA TAXI COMMISSION
Respondent
COUNSEL:
David M. Adams, for the Applicant
J. Michael Hickey, for the Respondent
HEARD: April 6, 2011 (Ottawa)
Endorsement
BY THE COURT
[1] We are all of the opinion that the applicant’s right to participate in the hearing before the respondent commission was not accorded to him as required by the applicable provisions of the Municipal By-law and the Statutory Power Procedures Act. In particular, the applicant was given only 6 days formal notice of the August 31st hearing (the by-law required 14 days notice) and in the circumstances of his incarceration in a federal penitentiary, he sent a lay person to speak on his behalf and to deliver a letter authored by the applicant. The letter referred to his wish to be able to attend the hearing and speak for himself.
[2] We are of the view that the Chair should have considered the need for an adjournment to allow the applicant’s personal attendance. More seriously, the panel continued their hearing on September 7th, with no notice to either the applicant’s representative or to the applicant. It is not for us to speculate as to whether the applicant’s participation in the September 7th continued hearing would have affected the Commission’s ultimate decision to revoke the applicant’s taxi licenses.
[3] In the circumstances, we would set aside the decision of the respondent commission and remit the matter back to the Commission for a new hearing before a differently constituted panel.
[4] The parties have agreed on the quantum of costs. Accordingly, the costs are fixed in the sum of $15,000 all in, payable by the respondent to the applicant, forthwith.
Hackland R.S.J.
Ferrier J.
Bryant J.
Released: April 7, 2011
CITATION: Ball v. Kingston Area Taxi Commission, 2011 ONSC 2200
DIVISIONAL COURT FILE NO.: DC-10-00001552-0000
DATE: 20110407
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HACKLAND R.S.J., FERRIER and BRYANT JJ.
BETWEEN:
ROBERT GERALD BALL
and
KINGSTON AREA TAXI COMMISSION
ENDORSEMENT
By the Court
Released: April 7, 2011