COURT FILE NO.: 258/08
DATE: 20090323
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND BELLAMY JJ.
B E T W E E N:
JOSEPH DELBERT ADAMS
Applicant
- and -
THE LICENCE APPEAL TRIBUNAL
Respondent
In Person
Alvin Torbin, for the Respondent
HEARD at Toronto: March 23, 2009
JENNINGS J.: (Orally)
[1] This is an application for judicial review of the decision of Laurie Sanford, Vice-Chair of the Licence Appeal Tribunal, dated April 25, 2008 and November 25, 2008, dealing with the revocation of the applicant’s appointment as an assistant bailiff under the Bailiff’s Act for the City of Toronto.
[2] The standard of review with respect to the matter before us is one of reasonableness, the appropriate standard when a Tribunal is interpreting its own statute or statutes closely connected to its functions and expertise.
[3] We agree with the decision of the Tribunal that the 1990 legislation did not provide for the appointment of a position known as assistant bailiff. That notwithstanding, the adjudicator found that the applicant applied for the position of assistant bailiff and, for a number of years following his appointment complied with the requirement that he work for a bailiff. We agree with the adjudicator’s interpretation that the 2004 legislation created a “new class of assistant bailiff”. Her decision that the 2004 legislation had retrospective effect was reasonable, as was her consequential finding that the application was an assistant bailiff in the City of Toronto.
[4] Accordingly, the application must be dismissed.
COSTS
[5] The problem that came to us, was in large measure caused by some confusion in the Ministry as to the effect of the 1990 legislation. Bearing that in mind and the novel point raised by Mr. Adams, and considering two things, the generous position taken by counsel for the Tribunal on this hearing that there be only a nominal order as to costs, and that in the decision of Carnwath J., he decided there be no order as to costs, we are all of the mind that this is not a case for costs and no costs will be ordered.
JENNINGS J.
JANET WILSON J.
BELLAMY J.
Date of Reasons for Judgment: March 23, 2009
Date of Release: March 25, 2009
COURT FILE NO.: 258/08
DATE: 20090323
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND BELLAMY JJ.
B E T W E E N:
JOSEPH DELBERT ADAMS
Applicant
- and -
THE LICENCE APPEAL TRIBUNAL
Respondent
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: March 23, 2009
Date of Release: March 25, 2009