Toronto (City) v. Metropolitan Toronto (Municipality), (1995) 80 O.A.C. 39 (DC)

• Judge: White, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: January 25, 1995
• Jurisdiction: Ontario
• Citations: (1995), 80 O.A.C. 39 (DC)

Toronto v. Toronto (1995), 80 O.A.C. 39 (DC)

MLB headnote and full text

The Corporation of the City of Toronto (applicant/appellant) v. Municipality of Metropolitan Toronto (respondent) and Her Majesty The Queen in Right of Ontario as represented by the Ministry of the Environment and Energy (intervenor)

(Div. Ct. No. 350/94)

(OMB No. M930074)

Indexed As: Toronto (City) v. Metropolitan Toronto (Municipality)

Ontario Court of Justice

General Division

Divisional Court

White, J.

February 22, 1995.

Summary:

The City of Toronto filed a complaint with the Ontario Municipal Board (the board) that Metropolitan Toronto was operating a sew­age treatment plant contrary to the Environ­mental Protection Act (Ont.). The board refused to hear the City's application. The City applied for leave to appeal.

A judge of the Ontario Divisional Court granted leave to appeal to the Divisional Court.

Courts - Topic 7515

Ontario - Divisional Court - Jurisdiction, leave to appeal to Divisional Court - The Ontario Municipal Board refused to hear a complaint by the City of Toronto that Metropolitan Toronto was operating a sewage treatment plant in violation of the Environmental Protection Act (Ont.) - A judge of the Ontario Divisional Court granted the City leave to appeal to the Divisional Court where the judge doubted the cor­rectness of the decision of the On­tario Municipal Board - In addition, the judge stated that there were novel ques­tions of law involved in the complaint that had not been interpreted judicially (see para­graphs 10 and 11).

Pollution Control - Topic 9405

Appeals - Leave to appeal - [See Courts - Topic 7515 ].

Cases Noticed:

Lexton Developments Ltd. et al. v. Vaughan (Town) (1983), 14 O.M.B.R. 445 (Div. Ct.), refd to. [para. 8].

Toronto Transit Commission et al. v. Toronto (City) et al. (1990), 42 O.A.C. 20 (Div. Ct.), refd to. [para. 8].

Gilbert v. Toronto Metro (1985), 10 O.A.C. 351 (Div. Ct.), refd to. [para. 8].

Brennan v. Ontario (Minister of Municipal Affairs) (1987), 59 O.R.(2d) 526 (Div. Ct.), refd to. [para. 8].

Toronto (City) v. Torgan Developments et al. (1990), 36 O.A.C. 318 (Div. Ct.), refd to. [para. 8].

Mod-Aire Homes Ltd. v. Bradford (Town) (No. 2) (1990), 72 O.R.(2d) 683 (Div. Ct.), refd to. [para. 8].

Statutes Noticed:

Ontario Municipal Board Act, R.S.O. 1990, c. O-28, sect. 96(1) [para. 7].

Ontario Water Resources Act, R.S.O. 1990, c. O-40, sect. 57 [para. 2].

Counsel:

David Estrin, for the applicant;

Graham Rempe, for the respondent;

David Thompson, for the intervenor.

This application was heard on January 25, 1995, before White, J., of the Ontario Divi­sional Court, who delivered the following decision on February 22, 1995.