Williams v. Kaplan, Governor in Council and Canada (Attorney General), (1983) 1 O.A.C. 275 (DC)

• Judge: Osler, Potts and Sirois, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: December 14, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 275 (DC)

Williams v. Kaplan (1983), 1 O.A.C. 275 (DC)

MLB headnote and full text

Williams v. Kaplan, Governor in Council, and Attorney General for Canada

Indexed As: Williams v. Kaplan, Governor in Council and Canada (Attorney General)

Ontario Divisional Court

Osler, Potts and Sirois, JJ.

December 14, 1983.

Summary:

This case arose out of an application to quash an order in council made under s. 82(1) of the Criminal Code of Canada.

The Ontario Divisional Court dismissed the application.

Courts - Topic 5695

Provincial courts - Powers or jurisdiction of provincial superior courts respecting orders of the Governor in Council (federal cabinet) - The Ontario Divisional Court held that orders of the Governor in Council are subject to judicial review by provincial superior courts - See paragraphs 4 and 5.

Courts - Topic 7508

Provincial courts - Ontario - Supreme Court, Divisional Court - Power to review orders of the Governor in Council (federal cabinet) - The Ontario Divisional Court held that it had jurisdiction to review an order of the Governor in Council - (See paragraph 6) - The court referred to the limitations on such judicial review - See paragraphs 7 to 11.

Evidence - Topic 2521

Presumption of regularity - Government, orders of Governor in Council (federal cabinet) - The Ontario Divisional Court stated that the presumption of regularity applies to orders of the Governor in Council - See paragraphs 8 and 9.

Cases Noticed:

Jabour v. Law Society of British Columbia et al. (1982), 43 N.R. 451; 66 C.P.R.(2d) 1 (S.C.C.), folld. [para. 4].

Re Heppner and Minister of the Environment for Alberta et al. (1977), 6 A.R. 154; 80 D.L.R.(3d) 112 (Alberta C.A.), refd to. [para. 8].

Associated Provincial Pictures Houses Ltd. v. Wednesbury Corporation, [1947] 2 All E.R. 680, refd to. [para. 9].

Wilson v. Esquimalt and Nanaimo Railway Company, [1922] 1 A.C. 203 (H.L.), refd to. [para. 10].

Secretary of State for Education and Science v. Tameside Metropolitan Borough Council, [1977] A.C. 1014 (H.L.), refd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 82(1) [para. 3].

Judicial Review Procedure Act, R.S.O. 1980, c. 224, sect. 2(1), sect. 6(1) [para. 6].

Counsel:

M. Greenglass, Q.C., for the applicant;

B.R. Evernden, for the respondent.

This application was heard by Osler, Potts and Sirois, JJ., of the Ontario Divisional Court on December 7 and 8, 1983. The judgment of the court was delivered orally by Osler, J., and was released on December 14, 1983.