COURT FILE NO.: 772/03
DATE: 20050920
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, BELLEGHEM AND SWINTON JJ.
B E T W E E N:
DAVID ROFFEY
Applicant
- and -
TORONTO AND REGION CONSERVATION AUTHORITY, DEREK RUSSELL AND TINA RUSSELL
Respondents
N. Jane Pepino, Q.C. and William Chalmers, for the Applicant
Jonathan H. Wigley, for the Respondent, The Toronto and Region Conservation Authority
Robert J. Howe, Michael Melling and Amber Stewart, for the Respondents, Derek Russell and Tina Russell
HEARD at Toronto: September 20, 2005
CARNWATH J.: (Orally)
[1] This application for judicial review is stayed pending final disposition of the appeal taken to the Mining and Lands Commissioner of the second site plan and final disposition of any subsequent appeals from that decision.
[2] Our reasons are as follows. Firstly, we reject the moving parties’ submission that the application for judicial review is moot because the Russells sought approval of a second site plan. They exercised the rights to which they are entitled.
[3] Second, we reject the submission that the Court has put the Russells in an untenable position by suggesting a stay of the application for judicial review pending finality of the second site plan appeal to the Commissioner. We find them to be the authors of their own predicament.
[4] Third, we reject the submission that we have no jurisdiction to stay this application for judicial review.
[5] We find the application for judicial review to be a proceeding in this Court, within the meaning of s.106 of the Courts of Justice Act.
[6] Fourth, we take the view that the second site plan appeal must proceed to finality before this application be heard. If the second site plan is approved, the present application is moot. If not, the rights of both parties are preserved.
[7] Costs: The costs should be reserved to the disposing Court.
CARNWATH J.
BELLEGHEM J.
SWINTON J.
Date of Oral Reasons for Judgment: September 20, 2005
Date of Release: September 26, 2005
COURT FILE NO.: 772/03
DATE: 20050920
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, BELLEGHEM AND SWINTON JJ.
B E T W E E N:
DAVID ROFFEY
Applicant
- and -
TORONTO AND REGION CONSERVATION AUTHORITY, DEREK RUSSELL AND TINA RUSSELL
Respondents
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Oral Reasons for Judgment: September 20, 2005
Date of Release: September 26, 2005