Citation and Court Information

CITATION: Ashburner v. Corporation of the Township of Adjala-Tosorontio, 2016 ONSC 2538

DIVISIONAL COURT FILE NO.: 828/15
DATE: 20160406

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

DAMBROT, STEWART AND THORBURN JJ.

Parties

BETWEEN:

PETER ASHBURNER, PHYLLIS ASHBURNER and THOMAS ASHBURNER
Applicants
(Respondents in Appeal)

– and –

THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO, KARL KORPELA IN HIS CAPACITY AS CHIEF BUILDING OFFICIAL FOR THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO, KARL KORPELA and TUIRE PICKERING and PAUL PICKERING
Respondents
(Appellants in Appeal)

Counsel and Hearing

E. Marshall Green and B. Ogunmefun, for the Applicants

James J. Feehely and Peter McKenna, for the Respondents, The Corporation of the Township of Adjala-Tosorontio

Robert Brown, for the Respondents, Tuire Pickering and Paul Pickering

HEARD at Toronto: April 6, 2016

Oral Reasons for Judgment

DAMBROT J. (ORALLY)

[1] At the outset of this appeal the respondent brought a Motion to Introduce Fresh Evidence relating to subsequent action of the Township said to reveal its opinion about the correct meaning of the by-law in issue in this appeal. The action in question is the disclosure of steps that the Township proposes to take to remedy inconsistencies in the Township’s zoning by-laws that have come to light as a result of this litigation.

[2] We do not see how potential remedial work by the Township dealing with issues involving their by-laws can assist us in interpreting the by-law that is under review here.

[3] The test for fresh evidence includes a requirement that the evidence be necessary to deal fairly with the issues on appeal and a further requirement that declining to admit the evidence could lead to a substantial injustice in the result. We do not see this evidence as coming close to meeting that test.

[4] The motion is refused.

DAMBROT J.

STEWART J.

THORBURN J.

Date of Reasons for Judgment: April 6, 2016

Date of Release: April 11, 2016

CITATION: Ashburner v. Corporation of the Township of Adjala-Tosorontio, 2016 ONSC 2538

DIVISIONAL COURT FILE NO.: 828/15
DATE: 20160406

ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT

DAMBROT, STEWART AND THORBURN JJ.

BETWEEN:

PETER ASHBURNER, PHYLLIS ASHBURNER and THOMAS ASHBURNER
Applicants
(Respondents in Appeal)

– and –

THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO, KARL KORPELA IN HIS CAPACITY AS CHIEF BUILDING OFFICIAL FOR THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO, KARL KORPELA and TUIRE PICKERING and PAUL PICKERING
Respondents
(Appellants in Appeal)

ORAL REASONS FOR JUDGMENT

DAMBROT J.

Date of Reasons for Judgment: April 6, 2016

Date of Release: April 11, 2016