TRIBUNAL PRACTICE AND PROCEDURE
FIRST ASSIGNMENT
[15 marks]
CASE STUDY: 1657575 Ontario Inc. v. Hamilton (City) (2007), 2007 CarswellOnt 2335 (Ont. Div. Ct.) reversed by (2008), 2008 CarswellOnt 4548 (Ont. C.A.)
In the case of 1657575 Ontario Inc. v. Hamilton (City), the Ontario Divisional Court (March 23, 2007) and the Court of Appeal for Ontario (July 31, 2008) came to opposite conclusions concerning procedural irregularities in respect of the hearing process of the City of Hamilton Licensing Committee. The Licensing Committee was dealing with the
revocation of the licence for an adult entertainment parlour in the City of Hamilton.
Discuss the reasoning of each court level, and how they dealt with the issues of notice and disclosure. In your conclusion, discuss whether the Court of Appeal for Ontario was wrong in reversing the decision of the Divisional Court, and give reasons for your answer. Copies of both decisions are provided with the assignment.
Format: 1) set out the name of the case together with the citations,
2) provide a common summary of the facts drawn from both decisions,
3) set out the two procedural issues in this case
4) provide a separate discussion of the reasoning of each court level,
5) set out the final outcome of the appeal, and
6) provide a conclusion that compares the reasoning of the two court levels.
Accordingly, after you set out the name of the case and the citations, your headings should be the following:
Facts
Issues 1)
2)
Discussion
Divisional Court
Issue 1
Issue 2
Court of Appeal for Ontario
Issue 1
Issue 2
Outcome
Conclusion