Spek v. Provincial Director of Ontario Legal Aid Plan (Lawson) and Area Director for Frontenac, Ontario Legal Aid Plan (Cunningham), (1983) 1 O.A.C. 15 (CA)

• Judge: Houlden, Weatherston and Goodman, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: October 31, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 15 (CA)

Spek v. Legal Aid Plan Director (1983), 1 O.A.C. 15 (CA)

MLB headnote and full text

Spek v. Provincial Director of the Ontario Legal Aid Plan (Lawson) and Area Director for Frontenac, Ontario Legal Aid Plan (Cunningham)

Indexed As: Spek v. Provincial Director of Ontario Legal Aid Plan (Lawson) and Area Director for Frontenac, Ontario Legal Aid Plan (Cunningham)

Ontario Court of Appeal

Houlden, Weatherston and Goodman, JJ.A.

December 1, 1983.

Summary:

An inmate in prison in Ontario for life applied for Ontario Legal Aid to appeal her conviction to the Supreme Court of Canada. She had been convicted in British Columbia and transferred to prison in Ontario. Because she was found not to be "ordinarily resident" in Ontario, her application was referred to the Provincial Director of Legal Aid pursuant to s. 16(9) of the Legal Aid Act. The Provincial Director denied her application for legal aid on the ground that legal aid was available from British Columbia. The inmate applied for judicial review of the Provincial Director's decision and for an order that her application for legal aid be submitted to the Area Director.

The Ontario Divisional Court, O'Leary, J., dissenting, allowed the application. See (1982), 39 O.R.(2d) 506. The Provincial and Area Directors of the Ontario Legal Aid Plan appealed.

The Ontario Court of Appeal allowed the appeal.

Government Programs - Topic 1425

Legal Aid - Application - "Ordinarily resident" - Defined - An inmate in the Kingston Ontario prison for life applied for Ontario Legal Aid to appeal her conviction to the Supreme Court of Canada - The inmate was convicted in British Columbia - Because she was found not to be "ordinarily resident" in Ontario, the application was referred to the Provincial Director of Legal Aid pursuant to s. 16(9) of the Legal Aid Act, who refused aid - The Ontario Court of Appeal affirmed that the application was properly referred under s. 16(9), because the inmate was not "ordinarily resident" in Ontario - See paragraphs 23 to 30.

Statutes - Topic 516

Interpretation - Ordinary meaning of words - The Ontario Court of Appeal gave the words "ordinarily resident" in s. 16(9) of the Legal Aid Act their natural and ordinary meaning - See paragraph 30.

Words and Phrases

Resides - The Ontario Court of Appeal discussed the meaning of the word "resides" as found in s. 16(1) of the Legal Aid Act, R.S.O. 1980, c. 234 - See paragraph 25.

Words and Phrases

Ordinarily resident - The Ontario Court of Appeal discussed the meaning of the phrase "ordinarily resident" as found in s. 16(9) of the Legal Aid Act, R.S.O. 1980, c. 234 - See paragraphs 23 to 30.

Cases Noticed:

Re Halliday; The City of Ottawa v. The County of Elgin, [1945] O.R. 233; [1945] 2 D.L.R. 411, consd. [para. 9].

City of Ottawa v. Nantel (1921), 51 O.L.R. 269; 69 D.L.R. 427, consd. [para. 10].

Martin v. Szyszka, [1943] S.C. 203, consd. [para. 11].

R. v. London Borough of Barnet; Ex parte Shah et al., [1980] 3 All E.R. 679, affd. [1982] 1 All E.R. 698 (C.A.), revd. in part [1983] 1 All E.R. 226, appld. [para. 15].

Thomson v. The Minister of National Revenue, [1946] S.C.R. 209, consd. [para. 17].

Levene v. Commissioners of Inland Revenue, [1928] A.C. 217, refd to. [para. 21].

Commissioners of Inland Revenue v. Lysaght, [1928] A.C. 234, refd to. [para. 21].

Stoke-on-Trent Borough Council v. Cheshire County Council, [1915] 3 K.B. 699, refd to. [para. 25].

Statutes Noticed:

Legal Aid Act, R.S.O. 1980, c. 234, sect. 14 [paras. 27 to 28]; sect. 16(1) [paras. 24 to 26]; sect. 16(9) [paras. 6, 24 to 25, 27, 29 to 30].

Legal Aid Regulations, R.R.O. 1980, Reg. 575, sect. 2(1) [para. 29]; sect. 11, sect. 12 [para. 28]; sect. 37 [para. 24]; sect. 38(1) [paras. 24, 25]; sect. 38(2) [para. 27].

Counsel:

Claude R. Thomson, Q.C., and Neal J. Smitheman, for the appellants;

Clayton C. Ruby, for the respondent.

This appeal was heard before Houlden, Weatherston and Goodman, JJ.A., of the Ontario Court of Appeal, on October 31, 1983. The decision of the Court of Appeal was delivered by Houlden, J.A., on December 1, 1983.

This appeal was heard before Houlden, Weatherston and Goodman, JJ.A., of the Ontario Court of Appeal, on October 31, 1983. The decision of the Court of Appeal was delivered by Houlden, J.A., on December 1, 1983.