Masiuk and Masiuk v. Carling (Township) and Minister of Municipal Affairs and Housing, (1984) 2 O.A.C. 222 (DC)

• Judge: Henry, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 10, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 222 (DC)

Masiuk v. Carling (1984), 2 O.A.C. 222 (DC)

MLB headnote and full text

Masiuk and Masiuk v. Carling, Township of and Minister of Municipal Affairs and Housing

Indexed As: Masiuk and Masiuk v. Carling (Township) and Minister of Municipal Affairs and Housing

Ontario Divisional Court

Henry, J.

February 10, 1984.

Summary:

A municipality by resolution authorized its solicitor to request the Minister of Municipal Affairs to make a condition of his consent (to a severance application by the Masiuks) that the Masiuks convey clear title to a disputed road to the municipality. The Masiuks applied for judicial review to quash the resolution of the municipality.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 6146

Judicial review, statutory appeal - Exercise of statutory power, what constitutes - The Masiuks claimed title to a public road abutting their property - The municipality responsible for the road authorized (by resolution) its solicitor to request the Minister of Municipal Affairs to make a condition of his consent (to a severance application by the Masiuks) that the Masiuks convey to the municipality clear title to the disputed road - The Ontario Divisional Court dismissed the Masiuks' application to quash the resolution of the municipality because the resolution did not constitute an exercise of statutory power as required by the Judicial Review Procedure Act.

Words and Phrases

Statutory power - The Ontario Divisional Court discussed the meaning of the words "statutory power" as found in s. 2 of the Judicial Review Procedure Act, R.S.O. 1980, c. 224.

Statutes Noticed:

Judicial Review Procedure Act, R.S.O. 1980, c. 224, sect. 2 [para. 13].

Counsel:

D.A. Thomson, for the applicants;

W.B. Cunningham, for the respondent, Township of Carling.

This appeal was heard by Henry, J., of the Ontario Divisional Court. The decision of Henry, J., was delivered orally and released on February 10, 1984.