Mattamy Ltd. v. Toronto, (2003) 179 O.A.C. 170 (DC)

• Judge: O'Driscoll, Then and Cullity, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: July 25, 2003
• Jurisdiction: Ontario
• Citations: (2003), 179 O.A.C. 170 (DC)

Mattamy Ltd. v. Toronto (2003), 179 O.A.C. 170 (DC)

MLB headnote and full text

Temp. Cite: [2003] O.A.C. TBEd. DE.034

Mattamy Rouge Limited (applicant) v. City of Toronto (respondent)

(444/03)

Indexed As: Mattamy (Rouge) Ltd. v. Toronto (City)

Court of Ontario

Superior Court of Justice

Divisional Court

O'Driscoll, Then and Cullity, JJ.

December 1, 2003.

Summary:

The Ontario Municipal Board stated a case to the Divisional Court under s. 94 of the Ontario Municipal Board Act as to whether it had the jurisdiction to compel a municipal­ity, against its wishes, to assume a "lane" and/or "services".

The Ontario Divisional Court answered the question in the negative.

Administrative Law - Topic 9064

Boards and tribunals - Jurisdiction of particular boards and tribunals - Provincial Municipal Board - [See all Land Regula­tion - Topic 2705 ].

Land Regulation - Topic 2705

Land use control - Subdivision control - Approval of subdivision or development applications by commission or board - The Ontario Divisional Court held that the Ontario Municipal Board did not have the jurisdiction and power to order a munici­pality, contrary to its wishes, to assume a public lane constructed within a plan of subdivision approved by the Board under s. 51 of the Planning Act, and dedicated to the municipality upon registration of the subdivision plan pursuant to s. 57 of the Surveys Act - Nor did it have the jurisdic­tion and power to order a municipality, contrary to its wishes, to accept all munici­pal services constructed within such public lane, in accordance with the engineering drawings approved by the Board, before its final approval of the subdivision plan under s. 51 of the Planning Act.

Land Regulation - Topic 2705

Land use control - Subdivision control - Approval of subdivision or development applications by commission or board - The Ontario Divisional Court held that the Ontario Municipal Board did not have the jurisdiction and power to order a munici­pality, contrary to its wishes, to accept all municipal services constructed within a private lane in accordance with engineering drawings approved by the Board before final approval of the plan of subdivision and to accept the necessary servicing ease­ments approved by the Board with such private lane.

Land Regulation - Topic 2705

Land use control - Subdivision control - Approval of subdivision or development applications by commission or board - The Ontario Divisional Court held that the Ontario Municipal Board did not have the jurisdiction to order a municipality, con­trary to its wishes, to take title to lands shown as public lanes by the subdivider on a draft approved plan of subdivision upon registration of the plan.

Land Regulation - Topic 2705

Land use control - Subdivision control - Approval of subdivision or development applications by commission or board - The Ontario Divisional Court held that the Ontario Municipal Board did not have the jurisdiction to order a municipality, con­trary to its wishes, to execute a subdivision agreement or site plan agreement which included clauses regarding the assumption of roads and services in order to give effect to its decision approving a plan of subdivision.

Municipal Law - Topic 1722

Liability of municipalities - Highways and streets - Commencement of responsibility for - [See first, third and fourth Land Regulation - Topic 2705 ].

Municipal Law - Topic 2982

Duties of municipalities - Particular duties - Provision of municipal services - General - [See first, second and fourth Land Regu­lation - Topic 2705 ].

Municipal Law - Topic 2985

Duties of municipalities - Particular duties - Maintenance of highways and streets - [See first, third and fourth Land Regula­tion - Topic 2705 ].

Cases Noticed:

Diamond and Municipal Board (Ont.), Re, [1962] O.R. 328 (C.A.), refd to. [para. 31].

Wandsworth Board of Works v. United Telephone Co. (1884), 13 Q.B.D. 904, refd to. [para. 33].

Scott v. North Bay (City) (1977), 18 O.R.(2d) 365 (C.A.), refd to. [para. 37].

Minto Construction Ltd. v. Nepean Town­ship (1977), 2 M.P.L.R. 195, 197 (Ont. Div. Ct.), refd to. [para. 40].

Residential Tenancies Act of Ontario, Re, [1981] 1 S.C.R. 714; 37 N.R. 158; 123 D.L.R.(3d) 554, dist. [para. 49].

Counsel:

G.E. Petch and H.G. Elston, for the ap­plicant;

D.W. Dimmer, N. Brown and B. O'Cal­laghan, for the respondent.

This case was heard on July 25, 2003, by O'Driscoll, Then and Cullity, JJ., of the Ontario Divisional Court. O'Driscoll, J., delivered the following decision for the court on December 1, 2003.