Millcraft Inv. Corp. v. Assess. Commr., (2000) 131 O.A.C. 1 (DC)

• Judge: Flinn, Jennings and Ferguson, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 03, 2000
• Jurisdiction: Ontario
• Citations: (2000), 131 O.A.C. 1 (DC)

Millcraft Inv. Corp. v. Assess. Commr. (2000), 131 O.A.C. 1 (DC)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. FE.027

Millcraft Investment Corporation et al. v. Regional Assessment Commissioner, Region No. 3 and the City of Vanier

(98-DV-261)

Indexed As: Millcraft Investment Corp. et al. v. Regional Assessment Commissioner, Region No. 3 et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Flinn, Jennings and Ferguson, JJ.

February 3, 2000.

Summary:

The moving parties appealed their property assessments to the Ontario Municipal Board. The Board dismissed their appeals. The moving parties brought a motion seeking leave under s. 21(3) of the Courts of Justice Act to appeal the Board's decision. A single judge of the Divisional Court denied leave. The moving parties sought review under s. 21(5) of the Act of the decision not to grant leave. At issue, inter alia, was what test the court should apply under s. 21(5) on a mo­tion seeking review of a decision granting or refusing leave to appeal.

The Ontario Divisional Court held that it could only grant a motion brought under s. 21(5) if it was established that the single judge hearing the motion under s. 21(3) declined jurisdiction.

Courts - Topic 7507

Provincial courts - Ontario - Divisional court - Jurisdiction - Respecting review of decision of single judge - The Ontario Divisional Court held that on a motion brought under s. 21(5) of the Courts of Justice Act seeking to set aside a decision granting or denying leave to appeal made by a single judge under s. 21(3), the Divi­sional Court could only grant the motion if it was established that the single judge declined jurisdiction.

Cases Noticed:

Ontario (Minister of Municipal Affairs) v. Ottawa (City) (1987), 59 O.R.(2d) 526; 38 D.L.R.(4th) 240 (Div. Ct.), refd to. [para. 5].

Brennan and the Minister of Municipal Affairs, Re - see Ontario (Minister of Municipal Affairs) v. Ottawa (City).

Milton (Town) et al. v. Kalmoni Establish­ments Inc. (1996), 95 O.A.C. 184; 31 O.R.(3d) 157 (C.A.), refd to. [para. 8].

Regional Assessment Commissioner, Re­gion No. 13 v. Standard Industries Ltd. et al. (1993), 61 O.A.C. 386; 15 C.P.C.(3d) 19 (Div. Ct.), refd to. [para. 8].

Overseas Missionary Fellowship v. 578369 Ontario Ltd. (1990), 38 O.A.C. 278; 73 O.R.(2d) 73 (C.A.), refd to. [para. 11].

Hillmond Investments Ltd. v. Canadian Imperial Bank of Commerce (1996), 91 O.A.C. 54; 29 O.R.(3d) 612 (C.A.), appld. [para. 16].

Sobeys Inc. v. United Food and Commer­cial Workers' International Union, Local 1000A (1993), 62 O.A.C. 78; 12 O.R. (3d) 157 (Div. Ct.), refd to. [para. 21].

Statutes Noticed:

Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 21(5) [para. 4].

Counsel:

Richard M. Poole and John Dickie, for the moving parties;

James M. Canapini, for the responding parties.

This motion was heard by Flinn, Jennings and Ferguson, JJ., of the Ontario Divisional Court. Ferguson, J., released the following endorsement for the court on February 3, 2000.