Partyka v. Windsor (City), DeAngelis (Frank) Construction Ltd. and Garden Homes Construction Ltd., (1984) 4 O.A.C. 376 (DC)

• Judge: Van Camp, Potts and McKinlay, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 12, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 376 (DC)

Partyka v. Windsor (1984), 4 O.A.C. 376 (DC)

MLB headnote and full text

Partyka v. Windsor, City of, Frank DeAngelis Construction Ltd. and Garden Homes Construction Ltd.

Indexed As: Partyka v. Windsor (City), DeAngelis (Frank) Construction Ltd. and Garden Homes Construction Ltd.

Ontario Divisional Court

Van Camp, Potts and McKinlay, JJ.

May 15, 1984.

Summary:

The City of Windsor approved a site plan for the construction of a building. An adjacent owner applied, under the Judicial Review Procedure Act, to quash the approval.

The Ontario Divisional Court dismissed the application.

Land Regulation - Topic 3345

Land use control - Official plans, effect of - The Ontario Divisional Court stated that an official plan (approved under the Planning Act) is not an effective instrument restricting the use of land - See paragraph 6.

Words and Phrases

Public Work - The Ontario Divisional Court discussed the meaning of the words "public work" as found in s. 19(1) of the Ontario Planning Act.

Cases Noticed:

Re Township of Southwold and Caplice et al., 22 O.R.(2d) 804, refd to. [para. 4].

Statutes Noticed:

Planning Act, R.S.O. 1980, c. 379, sect. 19(1) [para. 2].

Counsel:

F. Miller, for the applicant;

A. Kellerman, for City of Windsor;

A. Barat, Q.C., and Mrs. A. Farlam, for DeAngelis and Garden Homes.

This application was heard by Van Camp, Potts and McKinlay, JJ., of the Ontario Divisional Court on April 12, 1984. The decision of the Divisional Court was released on May 15, 1984, and the following opinions were filed:

Van Camp, J. - see paragraphs 1 to 7

Potts, J. - see paragraph 8

McKinlay, J., concurred with Van Camp, J.