Ball v. Kingston Area Taxi Commission, 2011 ONSC 2200

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]

Endorsement

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 31^st 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.

2We 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 7^th, 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 7^th continued hearing would have affected the Commission’s ultimate decision to revoke the applicant’s taxi licenses.

3In 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]

Costs

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