Whitehouse Properties v. Dimitri and Leaside (Town)

Whitehouse Properties v. Dimitri and Leaside (Town)

By-law 1748 contained an explicit provision that no part of it would take effect until approved by the Ontario Municipal Board; because that approval never occurred, by-law 1748 never took effect and by-laws 1711 and 1740 remained operative; therefore the building inspector was justified in refusing to issue the...

Source-derived case information.

Citation
[1962] SCR 656
Parties
Applicant / Appellant: Whitehouse Properties Limited; Respondent / Building Inspector: M. Dimitri; Respondent / Municipality: The Corporation of the Town of Leaside
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 June 1962
Procedural Posture
Mandamus; Municipal and Administrative Law / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Mandamus, By Law Approval, Municipal Board Approval, By Law Interpretation, Severability
Source Language
english
Municipal Law Administrative Law Planning Law Mandamus By Law Approval Municipal Board Approval By Law Interpretation Severability

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Parties

Whitehouse Properties Limited

Applicant / Appellant

M. Dimitri

Respondent / Building Inspector

The Corporation of the Town of Leaside

Respondent / Municipality

Procedural Posture

Mandamus; Municipal and Administrative Law / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether by-law 1748 came into force absent Ontario Municipal Board approval
  2. 2 Whether by-law 1748, if effective, excluded appellant's lands from by-laws 1711 and 1740
  3. 3 Whether the building inspector was required to issue a permit in accordance with by-laws 1550 and 1551

Ratio Decidendi

By-law 1748 contained an explicit provision that no part of it would take effect until approved by the Ontario Municipal Board; because that approval never occurred, by-law 1748 never took effect and by-laws 1711 and 1740 remained operative; therefore the building inspector was justified in refusing to issue the permit and the mandamus was properly refused.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Mandamus application dismissed (order below affirmed).