2 total
Motion to dismiss granted; zoning by-law amendment did not apply to appellant's property.
The City of Oshawa brought a motion to dismiss an appeal by the appellant regarding a City-wide Zoning By-law Amendment that introduced regulations for social service establishments.
The City argued that the amendment did not apply to the appellant's property, which was zoned R2 (Residential), and therefore the appellant did not meet the statutory precondition to appeal under section 34(19)2.2 of the Planning Act.
The Tribunal agreed with the City, finding that the R2 Zone excludes the relevant uses and that the amendment's provisions do not apply to the appellant's property.
The motion was granted and the appeal was dismissed.
Judicial review of Superintendent's refusal to intervene in private college expulsion dismissed for lacking public character.
The applicant was expelled from a private career college for alleged theft.
After an internal appeal was denied, she filed a complaint with the Superintendent of Private Career Colleges.
The Superintendent's delegate investigated and found no contravention of the Private Career Colleges Act.
The applicant sought judicial review of this finding.
The Divisional Court dismissed the application, holding that the Superintendent's review of a student complaint is a discretionary administrative determination, not a statutory power of decision.
Applying the factors from Setia and Air Canada, the court concluded the matter lacked sufficient public character to be subject to judicial review under the Judicial Review Procedure Act.
