Predie v. Ministry of Environment (Ontario)
Predie v. Ministry of Environment (Ontario) Collection Decisions of the Court of Appeal Date 2006-03-06 Docket numbers C44547 Judges McMurtry, Roy; Feldman, Kathryn N.; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20060306 DOCKET: C44547(M33286) COURT OF APPEAL FOR ONTARIO RE: DANIEL GARY PREDIE...
Source-derived case information.
- Citation
- C44547
- Parties
- Applicant (appellant): Daniel Gary Predie; Respondent: Ontario Ministry of the Environment; Respondent: The Honourable Leona Dombrowsky; Respondent: The Corporation of the City of Barrie
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 March 2006
- Procedural Posture
- Civil Appeal / Appeal From Single Judge of the Divisional Court to Court of Appeal; Motion to Quash Appeal
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Daniel Gary Predie
Applicant (appellant)
Ontario Ministry of the Environment
Respondent
The Honourable Leona Dombrowsky
Respondent
The Corporation of the City of Barrie
Respondent
Procedural Posture
Civil Appeal / Appeal From Single Judge of the Divisional Court to Court of Appeal; Motion to Quash Appeal
Full Case Text
Judgment text and source record
1 paragraphs
Predie v. Ministry of Environment (Ontario) Collection Decisions of the Court of Appeal Date 2006-03-06 Docket numbers C44547 Judges McMurtry, Roy; Feldman, Kathryn N.; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20060306 DOCKET: C44547(M33286) COURT OF APPEAL FOR ONTARIO RE: DANIEL GARY PREDIE (Applicant (Appellant) – and – THE ONTARIO MINISTRY OF THE ENVIRONMENT, AND THE HONOURABLE LEONA DOMBROWSKY AND THE CORPORATION OF THE CITY OF BARRIE (Respondents (Respondents in Appeal)) BEFORE: McMURTRY C.J.O., FELDMAN and LANG JJ.A. COUNSEL: Jameson W. Clow the moving party, the respondent Corporation of the City of Barrie Heather C. Mackay for the respondent, Ministry of the Environment Daniel Predie In person HEARD & RELEASED ORALLY: March 1, 2006 On appeal from the judgment of Justice Robert N. Weekes of the Superior Court of Justice, sitting as a single judge of the Divisional Court, dated October 28, 2005. ENDORSEMENT [1] The appellant has appealed a decision of a single judge of the Divisional Court directly to this court. [2] We agree with the submission of the applicants on this motion that this appeal must be quashed. The proper route for such an appeal is to the full panel of the Divisional Court on motion under s. 21(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43. See Overseas Missionary Fellowship v. 578369 Ontario Ltd. (1990), 73 O.R. (2d) 73 (C.A.) and Milton (Town) v. Kalmoni Establishments Inc. (1996), 31 O.R. (3d) 157 (C.A.). [3] The appeal is therefore quashed but without prejudice to the appellant bringing the appropriate motion in the Divisional Court if he desires. In the circumstances, there will be no costs of this motion. Signed: “R. Roy McMurtry C.J.O.” “K. Feldman J.A.” “S. Lang J.A.”