Ladney and Garth v. Moore (Township), (1984) 5 O.A.C. 390 (DC)

• Judge: Southey, Hollingworth and Smith, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 31, 1984
• Jurisdiction: Ontario
• Citations: (1984), 5 O.A.C. 390 (DC)

Ladney v. Moore (1984), 5 O.A.C. 390 (DC)

MLB headnote and full text

Ladney, Ladney, Ladney and Garth v. Corporation of the Township of Moore

(No. 439/83)

Indexed As: Ladney and Garth v. Moore (Township)

Ontario Divisional Court

Southey, Hollingworth and Smith, JJ.

June 14, 1984.

Summary:

The applicant applied to the Ontario Municipal Board to amend the municipal plan of a municipality. At the hearing the applicant's counsel called one witness and indicated that he would be calling no other witnesses. The chairman thereupon took a recess and upon his return gave his decision dismissing the application without hearing evidence from the municipality or a submission from the applicant's counsel. The chairman's decision was appealed on the ground that the board exceeded its jurisdiction in giving its decision without hearing a submission from the applicant's counsel.

The Ontario Divisional Court allowed the appeal, held that the board exceeded its jurisdiction and ordered a new hearing before a panel differently constituted.

Administrative Law - Topic 2493

Natural justice - Procedure, at hearing - Right to make submissions - The Ontario Divisional Court held that there was a denial of a fair hearing where a tribunal rendered a decision dismissing an applicant's claim without hearing a submission from the applicant's counsel.

Barristers and Solicitors - Topic 2365

Duty to boards and tribunals - Hearings - Duty to object re procedural omission - Failure to hear submission - The Ontario Divisional Court discussed whether there is a duty on counsel for an applicant before a board to draw to the attention of a tribunal about to render a decision that counsel had not yet had an opportunity to make his submission - See paragraphs 6 to 8, 13.

Cases Noticed:

Felker v. Felker, [1946] O.W.N. 368, folld. [para. 6].

Tivy v. Tivy, [1950] O.W.N. 839, folld. [para. 6].

Metropolitan Trust Co. and Murray-Audain, Re (1975), 5 O.R.(2d) 363, folld. [para. 6].

Municipality of Metropolitan Toronto v. City of Toronto, [1975] 5 O.M.B.R. 220, ref'd to. [para. 11].

City of Burlington Subdivisions (Headon Community), Re, [1975] 9 O.M.B.R. 206, ref'd to. [para. 11].

Statutes Noticed:

Ontario Municipal Board Act, R.S.O. 1980, c. 347, sect. 95 [para. 1].

Statutory Powers Procedure Act, R.S.O. 1980, c. 484, sect. 10 [para. 5].

Counsel:

D. Stephen Jovanovic, for the appellants;

Robert Murray, Q.C., for the respondent.

This case was heard on May 31, 1984, before Southey, Hollingworth and Smith, JJ., of the Ontario Divisional Court. The following opinions of the court were released on June 14, 1984:

Southey, J. (orally) - see paragraphs 1 to 12

Smith, J. - see paragraph 13

Hollingworth, J., concurred with Southey, J.