Paziuk v. Director of Community Planning (Sask.), (1977) 78 Sask.R. 221 (CA)

• Judge: Woods, Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 09, 1977
• Jurisdiction: Saskatchewan
• Citations: (1977), 78 Sask.R. 221 (CA)

Paziuk v. Com. Planning Director (1977), 78 Sask.R. 221 (CA)

MLB headnote and full text

Percy Paziuk (appellant) v. Director of Community Planning (respondent)

Indexed As: Paziuk v. Director of Community Planning (Sask.)

Saskatchewan Court of Appeal

Woods, Brownridge and Hall, JJ.A.

December 22, 1977.

Summary:

The Director of Community Planning refused to approve a proposed subdivision on the ground that the proposed plan contravened the minimum size requirements provided for in the zoning bylaw. The Provincial Planning Appeals Board affirmed the Director's decision. The Board, at the appellant's request, stated a case for the Court of Appeal pursuant to s. 177(2) of the Planning and Development Act 1983. The issue was whether the proposed subdivision could be prohibited on the basis that it contravened the requirements of a zoning bylaw passed pursuant to the Act.

The Saskatchewan Court of Appeal dismissed the appeal. This decision is being reported at this time at the request of a subscriber.

Land Regulation - Topic 4153

Land use control - Appeals to the courts - Appeal by way of stated case - Scope of - The Saskatchewan Court of Appeal held that on an appeal by way of stated case (under the Planning and Development Act), the court can only consider the facts as stated and can only answer the question of law that is posed - The court held that it was inappropriate to use the summary procedure in s. 177 of the Act to determine a question involving a possible conflict of legislative powers between the province and the Dominion.

Practice - Topic 9154

Appeals - Stated case - Contents of - [See Land Regulation - Topic 4153 above].

Statutes Noticed:

Planning and Development Act, S.S. 1973, c. 73, sect. 89(1), sect. 100(1) [para. 2]; sect. 102, sect. 105 [para. 5]; sect. 112(b) [para. 2]; sect. 177 [para. 6]; sect. 177(2) [para. 2]; sect. 177(7) [para. 4].

Counsel:

Philip E. West, for the appellant;

William N. Lawton, for the respondent.

This appeal was heard before Woods, Brownridge and Hall, JJ.A., of the Saskatchewan Court of Appeal on December 9, 1977. The decision of the Court of Appeal was delivered by Hall, J.A., on December 22, 1977.