Gallant v. Moncton (City), (1992) 125 N.B.R.(2d) 62 (TD)

• Judge: Godin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 27, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 125 N.B.R.(2d) 62 (TD)

Gallant v. Moncton (1992), 125 N.B.R.(2d) 62 (TD);

    125 R.N.-B.(2e) 62; 316 A.P.R. 62

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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John R. Gallant (applicant) v. City of Moncton (respondent)

(M/M/7/92)

Indexed As: Gallant v. Moncton (City)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Godin, J.

March 25, 1992.

Summary:

Gallant's taxi operator's licence was sus­pended by police purportedly under the authority of Bylaw No. 241. Gallant was not given notice or an opportunity to be heard. Gallant applied to quash the licence suspen­sion on the grounds of breach of the rules of natural justice and an improper delegation of power under the Bylaw.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the applica­tion on both grounds, quashed the licence suspension and ordered reinstatement of the licence.

Administrative Law - Topic 223

Hearing and decision - Persons entitled to be heard - A police officer suspended Gallant's taxi operator's licence on the basis of information gathered in a criminal investigation - Gallant was not notified in advance, nor was he given an opportunity to respond - Bylaw No. 241 delegated to the Chief of Police the power to suspend licences, but the city failed to establish a sub-delegation of that power - The New Brunswick Court of Queen's Bench, Trial Division, quashed the suspension and ordered that the licence be reinstated - The court stated that the decision was made without jurisdiction (delegatus non potest delegare) and in breach of the rules of natural justice (right to be heard).

Administrative Law - Topic 7565

Delegated powers - Sub-delegation of powers - Delegatus non potest delegare - [See Administrative Law - Topic 223 ].

Cases Noticed:

Seven-Eleven Taxi Co. Ltd. v. Brampton (City) et al. (1976), 10 O.R.(2d) 677 (Div. Ct.), refd to. [para. 8].

Acker v. Registrar of Motor Vehicles (N.B.) (1991), 119 N.B.R.(2d) 77; 300 A.P.R. 77 (C.A.), refd to. [para. 9].

Statutes Noticed:

Moncton (City) Bylaws, Bylaw No. 241 (Taxi Cab Bylaw), sect. 7(a) [para. 5].

Authors and Works Noticed:

de Smith, Judicial Review of Administra­tive Action (4th Ed. 1980), p. 156 [para. 7].

Counsel:

John R. Gallant, on his own behalf;

Stephen Trueman, for the respondent.

This application was heard on February 27, 1992, before Godin, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Moncton, who delivered the following judgment on March 25, 1992.