Sobey's Stores Ltd., Re, (1971) 2 Nfld. & P.E.I.R. 185 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 21, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 185 (NFSC)

Sobey's Stores Ltd., Re (1971), 2 Nfld. & P.E.I.R. 185 (NFSC)

MLB headnote and full text

Re Sobey's Stores Limited

Indexed As: Sobey's Stores Ltd., Re

Newfoundland Supreme Court

Crown Side

Furlong, C.J.

May 21, 1971.

Summary:

The trial court dismissed an application for a writ of certiorari against the Court of Revision under the City of St. John's Act, which had confirmed the applicant's property assessment.

The trial court held that a writ of certiorari would lie against the Court of Review, stating that its function of hearing and determining objections and evaluations was judicial in nature. Trial court held, however, that certiorari was not available to the applicant since it had failed to avail itself of its statutory rights of appeal from the decision of the Court of Revision.

Administrative Law - Topic 5003

Certiorari - Court of Revision under City of St. John's Act - Whether writ of certiorari is available to party which failed to avail itself of statutory rights of appeal - Newfoundland Supreme Court held that certiorari would not lie where other remedies not exhausted.

Administrative Law - Topic 5003

Certiorari - When available to the parties - Whether writ of certiorari will issue against statutory court of revision empowered to determine assessments for purposes of taxation - Function of court of revision judicial in nature - Newfoundland Supreme Court held certiorari proper remedy.

Cases Noticed:

R. v. Woodstock Assessors, ex parte Bank of Nova Scotia (1922), 68 D.L.R. 48, folld.

R. v. Furnished Houses Rent Tribunal, [1947] 1 All E.R. 488, folld.

Statutes Noticed:

City of St. John's Act, R.S.N. 1952, c. 87, sect. 230(1), sect. 232.

Counsel:

James J. Halley, Q.C., and Peter W. Strong, for Sobey's Stores Limited;

Herbert B. Morgan and Gerald F. Lang, for the City of St. John's.