Moyer v. Corman Park No. 344 (Rural Municipality), 2015 SKQB 281

• Judge: Danyliuk, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 15, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 281;(2015), 483 Sask.R. 158 (QB)

Moyer v. Corman Park (2015), 483 Sask.R. 158 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. OC.048

Edward Moyer and Debbie Ann Moyer (plaintiffs) v. Rural Municipality of Corman Park No. 344 (defendant)

(2015 Q.B.G. No. 900; 2015 SKQB 281)

Indexed As: Moyer v. Corman Park No. 344 (Rural Municipality)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Danyliuk, J.

September 15, 2015.

Summary:

The plaintiffs were residents of the defendant Rural Municipality (RM). There was a history of the RM wanting the plaintiffs to clean up the subject land. The RM issued an order with a deadline to complete the cleanup work. That deadline was extended by the RM's Council on an appeal by the plaintiffs. The plaintiffs did not exercise the statutory appeal of that decision, but waited almost a year before bringing this application for judicial review of Council's decision. Counsel agreed that the court was only to determine the threshold matter of whether the plaintiffs' failure to exercise that statutory right of appeal was an adequate alternate remedy, such that judicial review was not available to the plaintiffs.

The Saskatchewan Court of Queen's Bench determined that the plaintiffs had an adequate alternate remedy and the failure to pursue same constituted a bar to judicial review. The application was dismissed.

Administrative Law - Topic 3302

Judicial review - General - Bars - Alternate remedy - The plaintiffs (the Moyers) were residents of the defendant Rural Municipality (RM) - There was a history of the RM wanting the plaintiffs to clean up the subject land - The RM issued an order with a deadline to complete the cleanup work - That deadline was extended by the RM's Council on an appeal by the plaintiffs - The plaintiffs did not exercise the statutory appeal of that decision, but waited almost a year before bringing this application for judicial review of Council's decision - The Saskatchewan Court of Queen's Bench held that the plaintiffs had an adequate alternate remedy in the form of a statutory appeal and the failure to pursue same constituted a bar to judicial review - The Municipalities Act dealt with enforcement of municipal law at ss. 362 to 366 - That legislative scheme was followed but not completed by the applicants - The applicants did not exercise their right of appeal on a question of law or jurisdiction under s. 365(4) - While there might be cases where a court entertained a judicial review application prior to the exhaustion of other remedies, those cases were the exception rather than the rule - This was not one of those exceptional cases - The fact that Mr. Moyer avered that he was unaware of his statutory right did not avail him here - The applicants were taken to know the law.

Administrative Law - Topic 3303

Judicial review - General - Bars - Appeal or review available - [See Administrative Law - Topic 3302 ].

Administrative Law - Topic 7096

Judicial review - Bars - Discretionary bars - Existence of convenient or adequate alternative remedy - [See Administrative Law - Topic 3302 ].

Land Regulation - Topic 5017.1

Unsightly premises (neglected buildings) - Removal or clean-up - Appeals - [See Administrative Law - Topic 3302 ].

Municipal Law - Topic 423

Councils - Decisions of - Judicial review (incl. standard of review) - [See Administrative Law - Topic 3302 ].

Counsel:

Heather Knogler, for the plaintiffs;

Scott R. Spencer, for the defendant.

This application was heard before Danyliuk, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on September 15, 2015.