McColl v. Gravenhurst (Town), (1991) 52 O.A.C. 398 (DC)

• Judge: Callaghan, C.J.O.C., Hartt and Montgomery, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 08, 1991
• Jurisdiction: Ontario
• Citations: (1991), 52 O.A.C. 398 (DC)

McColl v. Gravenhurst (1991), 52 O.A.C. 398 (DC)

MLB headnote and full text

John R. McColl (applicant) v. The Corporation of the Town of Gravenhurst (respondent)

(File No. 1041/90)

Indexed As: McColl v. Gravenhurst (Town)

Ontario Court of Justice

Divisional Court

Callaghan, C.J.O.C., Hartt  and Montgomery, JJ.

October 25, 1991.

Summary:

The Town of Gravenhurst passed a bylaw purporting to dismiss McColl, an officer of the town. McColl applied to quash the bylaw.

The Ontario Divisional Court allowed the application because the town breached its duty of procedural fairness.

Administrative Law - Topic 2264

Natural justice - The duty of fairness - When required - The Ontario Divisional Court stated that the necessity for pro­cedural fairness exists even where the power exercised is discretionary - See para­graph 6.

Administrative Law - Topic 2272

Natural justice - The duty of fairness - Circumstances or powers to which the duty applies - The Town of Gravenhurst passed a bylaw purporting to dismiss McColl, an officer of the town - McColl was not given a hearing and was not told of the allegations against him - The Ontario Divisional Court held that the town breached its duty of fairness and s. 8 of the Statutory Powers Procedure Act - The court quashed the bylaw.

Municipal Law - Topic 1026

Officers - Dismissal - Duties of munici­pality - [See Administrative Law - Topic 2272 ].

Cases Noticed:

Knight v. Board of Education of Indian Head School Division No. 19 (1990), 106 N.R. 17; 83 Sask.R. 81; 69 D.L.R.(4th) 489 (S.C.C.), refd to. [para. 4].

Statutes Noticed:

Municipal Act, R.S.O. 1980, c. 302, sect. 99(2) [para. 2].

Statutory Powers Procedure Act, R.S.O. 1980, c. 224, sect. 8 [para. 5].

Counsel:

George H. Rust-D'Eye and B.H. Kussner, for the applicant;

John C. Field, for the respondent.

This application was heard by Callaghan, C.J.O.C., Hartt and Montgomery, JJ., of the Ontario Divisional Court on October 8, 1991. The decision of the court was delivered orally by Montgomery, J., and released on October 25, 1991.