London (City) v. Maywood
The costs order was quashed because the justice of the peace made a determination without providing the Crown an opportunity to respond, thereby violating procedural fairness; the correct remedy is to remit the matter for rehearing by a different justice of the peace.
Source-derived case information.
- Citation
- C40658
- Parties
- Appellant: LLOYD MAYWOOD; Respondent: THE CORPORATION OF THE CITY OF LONDON
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 June 2005
- Procedural Posture
- Appeal From Superior Court Order Quashing a Justice of the Peace Order / Court of Appeal Hearing and Endorsement (heard June 1, 2005; Decision June 2, 2005)
- Outcome
- Appeal dismissed; affirmed that the costs order should be quashed
- Legal Topics
- Costs, Jurisdiction of Justices of the Peace, Procedural Fairness (audi Alteram Partem), Remittal, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
LLOYD MAYWOOD
Appellant
THE CORPORATION OF THE CITY OF LONDON
Respondent
Procedural Posture
Appeal From Superior Court Order Quashing a Justice of the Peace Order / Court of Appeal Hearing and Endorsement (heard June 1, 2005; Decision June 2, 2005)
Legal Issues
- 1 Whether the justice of the peace properly exercised jurisdiction in making the costs/order without giving the Crown an opportunity to respond
- 2 Whether the costs order should be quashed
- 3 Whether the matter should be returned to a different justice of the peace for hearing
Ratio Decidendi
The costs order was quashed because the justice of the peace made a determination without providing the Crown an opportunity to respond, thereby violating procedural fairness; the correct remedy is to remit the matter for rehearing by a different justice of the peace.
Court Disposition
Appeal dismissed; affirmed that the costs order should be quashed
Orders
- Costs order quashed
- Matter returned to be heard by a justice of the peace other than Justice of the Peace Squires
Full Case Text
Judgment text and source record
1 paragraphs
London (City) v. Maywood Collection Decisions of the Court of Appeal Date 2005-06-02 Docket numbers C40658 Judges Armstrong, Robert Patrick; Lang, Susan Elizabeth; Rouleau, Paul S. Subject Civil Decision Content DATE: 20050602 DOCKET: C40658 COURT OF APPEAL FOR ONTARIO RE: THE CORPORATION OF THE CITY OF LONDON (Respondent) -and- LLOYD MAYWOOD (Appellant) BEFORE: ARMSTRONG, LANG and ROULEAU JJ.A. COUNSEL: Daniel Rechtshaffen for the appellant Robert Sheppard for the respondent HEARD AND ENDORSED: June 1, 2005 On appeal from the order of Justice John F. McGarry of the Superior Court of Justice dated August 25, 2003, quashing the order of Justice of the Peace Frank Squires dated December 2, 2002. APPEAL BOOK ENDORSEMENT [1] We agree with McGarry J. that the costs order should have been quashed. This was not a case of the justice of the peace weighing and determining the admissibility of evidence, matters that would have been within his jurisdiction. Rather, in the circumstances of this case, there was a determination made without having provided the Crown with an opportunity to respond. The appeal is accordingly dismissed. [2] Counsel before us have indicated, and we agree, that this matter should be returned to be heard by a justice of the peace other than Justice of the Peace Squires. [3] We award no costs.