City Of Windsor Wins Case At Supreme Court Of Canada Over Indian Road Homes
Thursday December 8th, 2016
Posted at 1:16pm
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This Supreme Court of Canada issued a decision Thursday morning in the matter argued on April 21st, 2016 between The Corporation of the City of Windsor and the Canadian Transit Company.
The Supreme Court allowed the City’s appeal and confirmed the City’s position that the proper forum for the hearing of appeals of property standards orders issued against the CTC is the Superior Court of Justice and not the Federal Court.
“The Superior Court of Justice is the proper authority for dealing with the property standards appeals by CTC,” said mayor Drew Dilkens. “We’re pleased the Supreme Court agrees with us and we hope this matter is dealt with quickly to resolve the outstanding issues.”
The CTC appealed various Property Standards Orders issued by the City in respect of residential properties it owns in Olde Sandwich Town. In addition the CTC brought an application in Federal Court regarding the applicability of the City’s Property Standards By-law to the properties. There were a number of hearings about this issue and City ultimately brought this matter to the Supreme Court of Canada.
In its decision, the Supreme Court of Canada found that the federal act creating the CTC is not enough to invoke the authority provided in section 23 of the Federal Courts Act.
This decision thought, does not deal with the merits of the orders or make any determinations about whether or not the CTC must repair the houses. The applicability of the City’s Property Standards By-laws to the properties owned by the CTC is now a matter for the Superior Court of Justice to determine. In that forum the City will argue that the Property Standards By-law applies to the CTC properties.