Minister of Natural Resources v. Mosher

Minister of Natural Resources v. Mosher

The evidence established the permit expired and there was no subsequent authorization; therefore s.24(2) of the Public Lands Act required that the Crown's motion for vacant possession be granted and the appellant's contrary allegations were irrelevant to that statutory entitlement.

Citation
C40231
Parties
Applicant/respondent: Minister of Natural Resources; Respondent/appellant: Donald Mosher; Respondent/appellant: Laurel Mosher
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 July 2004
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Judgment on Crown Application for Vacant Possession Under the Public Lands Act
Outcome
Appeal dismissed
Legal Topics
Land Use Permit, Vacant Possession, Public Lands Act, Part Performance, Costs
Source Language
English
Property Administrative Law Civil Procedure Land Use Permit Vacant Possession Public Lands Act Part Performance Costs

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Parties

Minister of Natural Resources

Applicant/respondent

Donald Mosher

Respondent/appellant

Laurel Mosher

Respondent/appellant

Procedural Posture

Civil / Appeal to Court of Appeal From Superior Court Judgment on Crown Application for Vacant Possession Under the Public Lands Act

Legal Issues

  1. 1 Whether an expired land use permit and absence of subsequent authorization preclude the occupier's entitlement to possess Crown land
  2. 2 Whether evidence of part performance, a tax invoice, or administrative discrepancies establish continued authorization to occupy
  3. 3 Whether issues relating to prior title proceedings are relevant to the Crown's application for vacant possession

Ratio Decidendi

The evidence established the permit expired and there was no subsequent authorization; therefore s.24(2) of the Public Lands Act required that the Crown's motion for vacant possession be granted and the appellant's contrary allegations were irrelevant to that statutory entitlement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order for vacant possession granted to the Minister affirmed