P & S Holdings Ltd. v. Canada

P & S Holdings Ltd. v. Canada

Applicants' concerns are essentially land‑use and zoning issues and the Marihuana for Medical Purposes Regulations do not confer a statutory or necessary common‑law right for adjacent landowners to participate in the federal licensing process; applicants had and used their municipal participatory remedies and provided no evidence specific to International Herbs that would oblige the Minister to afford procedural fairness beyond the regulatory scheme, therefore no duty of fairness arose and the judicial review application is dismissed.

Citation
2015 FC 1331
Parties
Applicant Property Owner: P & S Holdings Ltd.; Applicant Tenant/union: United Association of Journeymen and Apprentices of the Plumbing & Pipefitting Industry, Local 170; Respondent Crown Regulator: Her Majesty the Queen in Right of Canada; Respondent Licence Applicant: International Herbs Medical Marijuana Ltd.; Respondent Property Owner: 8015376 Canada Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 December 2015
Procedural Posture
Application for Judicial Review / Federal Court Judgment (decision)
Outcome
Application for judicial review dismissed
Legal Topics
Procedural Fairness, Standing, Licensing, Zoning, Mandamus
Source Language
English
Administrative Law Regulatory Law Municipal/land Use Law Health Regulation Procedural Fairness Standing Licensing Zoning +1 more

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Parties

P & S Holdings Ltd.

Applicant Property Owner

United Association of Journeymen and Apprentices of the Plumbing & Pipefitting Industry, Local 170

Applicant Tenant/union

Her Majesty the Queen in Right of Canada

Respondent Crown Regulator

International Herbs Medical Marijuana Ltd.

Respondent Licence Applicant

8015376 Canada Ltd.

Respondent Property Owner

Procedural Posture

Application for Judicial Review / Federal Court Judgment (decision)

Legal Issues

  1. 1 Whether applicants have standing under s.18.1 Federal Courts Act as directly affected parties
  2. 2 Whether applicants have a common‑law right to be heard in the Minister of Health's licensing process
  3. 3 Whether the Marihuana for Medical Purposes Regulations impliedly exclude third‑party participatory rights

Ratio Decidendi

Applicants' concerns are essentially land‑use and zoning issues and the Marihuana for Medical Purposes Regulations do not confer a statutory or necessary common‑law right for adjacent landowners to participate in the federal licensing process; applicants had and used their municipal participatory remedies and provided no evidence specific to International Herbs that would oblige the Minister to afford procedural fairness beyond the regulatory scheme, therefore no duty of fairness arose and the judicial review application is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • Costs awarded to respondents in two sets: one for International Herbs Medical Marijuana Ltd. and 8015376 Canada Ltd., and one for Her Majesty the Queen in Right of Canada