Kuzminski v. Regina (City), 2000 SKQB 317

JudgeGunn, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateJuly 10, 2000
JurisdictionSaskatchewan
Citations2000 SKQB 317;(2000), 196 Sask.R. 229 (QB)

Kuzminski v. Regina (City) (2000), 196 Sask.R. 229 (QB)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. JL.043

Mervin Kuzminski (applicant) v. City of Regina (respondent)

(2000 Q.B.G. No. 1315; 2000 SKQB 317)

Indexed As: Kuzminski v. Regina (City)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Gunn, J.

July 10, 2000.

Summary:

Kuzminski obtained a building permit to construct a garage on his property in the City of Regina. The garage was to have access from the rear of the property via a paved lane. Kuzminski then requested the City to break up the curb behind the property and pave a driveway entrance for him. The City advised Kuzminski that the permit had been issued in error and that it was to be revoked. Kuzminski applied for an order of mandamus to compel the City to re-issue the permit to him or to issue a new permit for the same purpose. Kuzminski also sought an order to compel the City to take such other steps as were necessary or incidental to give effect to the permit, including demolishing and re-paving the curb to permit rear driveway access.

The Saskatchewan Court of Queen's Bench held that Kuzminski was entitled to have the permit re-issued. However, the court refused to grant an order of mandamus requiring the City to demolish and re-pave the curb.

Administrative Law - Topic 3503

Judicial review - Mandamus - When available - Kuzminski obtained a permit to construct a garage on his property in the City of Regina - The garage was to have access from the rear of the property via a paved lane - Kuzminski requested the City to break up the curb and pave a driveway entrance - The City advised Kuzminski that its policy was to treat the paved lane as a limited access roadway and the permit had been issued in error and was to be revoked - Kuzminski claimed entitlement to a permit and to rear access - The City claimed that Kuzminski was entitled to only one driveway and its decision refusing secondary access was discretionary - The Saskatchewan Court of Queen's Bench held that Kuzminski was entitled to have the permit re-issued - However, the court denied his request for an order of mandamus requiring the City to demolish and re-pave the curb.

Administrative Law - Topic 3510

Judicial review - Mandamus - General - Review of exercise of discretionary power - [See Administrative Law - Topic 3503 ].

Administrative Law - Topic 3589

Judicial review - Mandamus - Bars - Discretionary power - [See Administrative Law - Topic 3503 ].

Administrative Law - Topic 3651

Judicial review - Mandamus - Mandamus to municipalities - Building permit - Issue of - [See Administrative Law - Topic 3503 ].

Land Regulation - Topic 3202

Land use control - Building or development permits - Right to issue of - [See Administrative Law - Topic 3503 ].

Land Regulation - Topic 3224

Land use control - Building or development permits - Revocation - [See Administrative Law - Topic 3503 ].

Municipal Law - Topic 1432

Powers of municipalities - Respecting land - Access to streets - [See Administrative Law - Topic 3503 ].

Cases Noticed:

Pevach v. La Ronge (Town), [1995] 5 W.W.R. 667; 130 Sask.R. 115 (Q.B.), refd to. [para. 9].

Saskatchewan (Attorney General) (ex rel. Ridge and M.C.C. Design Ltd.) v. Saskatchewan Association of Architects (1979), 1 Sask.R. 305; 108 D.L.R.(2d) 441 (C.A.), refd to. [para. 10].

Ridge et al. v. Council of Saskatchewan Association of Architects - see Saskatchewan (Attorney General) (ex rel. Ridge and M.C.C. Design Ltd.) v. Saskatchewan Association of Architects.

Cadillac Development Corp. et al. v. Regina (City) et al. (1977), 74 D.L.R.(3d) 497 (Sask. C.A.), refd to. [para. 11].

Ranch Ehrlo Society v. Edenwold No. 158 (Rural Municipality) and McNamee (1983), 26 Sask.R. 69 (Q.B.), refd to. [para. 11].

Empringham Catering Services Ltd. v. Regina (City), [1997] Sask.R. Uned. 118 (Q.B.), refd to. [para. 23].

Lopez v. Lloydminster (City) (1996), 150 Sask.R. 129 (Q.B.), refd to. [para. 23].

Counsel:

P.T. Bergbusch, for the applicant;

J.R. McLellan, for the respondent.

This application was heard by Gunn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on July 10, 2000.

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1 practice notes
  • Anderson v. Owners-Condominium Plan No. 99SA34021, (2010) 352 Sask.R. 106 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 5 Febrero 2010
    ...refd to. [para. 33]. Commandant v. Wahta Mohawks (2007), 315 F.T.R. 82; 2007 FC 692, refd to. [para. 34]. Kuzminski v. Regina (City) (2000), 196 Sask.R. 229; 2000 SKQB 317, refd to. [para. Northern Lights Fitness Products Inc. v. Canada (Minister of National Health and Welfare) et al. (1994......
1 cases
  • Anderson v. Owners-Condominium Plan No. 99SA34021, (2010) 352 Sask.R. 106 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 5 Febrero 2010
    ...refd to. [para. 33]. Commandant v. Wahta Mohawks (2007), 315 F.T.R. 82; 2007 FC 692, refd to. [para. 34]. Kuzminski v. Regina (City) (2000), 196 Sask.R. 229; 2000 SKQB 317, refd to. [para. Northern Lights Fitness Products Inc. v. Canada (Minister of National Health and Welfare) et al. (1994......

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