Case information
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36199
Humanics Universal Inc., et al. v. City of Ottawa
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-05-05 | Close file on Leave | |
| 2015-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-05-01 | Judgment on leave sent to the parties | |
| 2015-04-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M-43720, dated October 9, 2014, is dismissed. Dismissed |
|
| 2015-03-30 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-01-08 | Book of authorities, (Book Form), (Vol. 1 and 2) | Humanics Universal Inc. |
| 2014-12-09 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2014-12-08 | Notice of name, (Letter Form), (Electronic version filed on 2014-12-08) | Humanics Universal Inc. |
| 2014-12-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-12-08) | Humanics Universal Inc. |
| 2014-12-08 | Application for leave to appeal, (Book Form), Court of Appeal reasons rec'd 2015-01-12 - (New covers rec'd 2014-12-11), Completed on: 2015-01-12, (Electronic version filed on 2014-12-08) | Humanics Universal Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Humanics Universal Inc. | Applicant | Active |
| Perera, Ranjit | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Ottawa | Respondent | Active |
Counsel
Party: Humanics Universal Inc.
Counsel
43 Florence St.
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 228
FAX: (613) 232-2680
Email: yhameed@hf-law.ca
Party: Perera, Ranjit
This party is not represented by counsel.
Party: City of Ottawa
Counsel
110 Laurier Avenue West
Ottawa, Ontario
K1P 1J1
Telephone: (613) 580-2424 Ext: 21897
FAX: (613) 560-1383
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights – Freedom of expression – Right to liberty – Administrative law – Appeals – Boards and tribunals – Judicial review – Whether fair and reasonable use of one’s home and homestead is protected by sections 2, 7 and 8 of the Charter – Whether the applicants’ section 2 and 7 Charter rights were violated by the imposition of the three impugned draft plan conditions and whether such infringement is justified under section 1 of the Charter.
The applicants applied for a plan of subdivision for a 0.8 hectare property in Cumberland Ontario. The respondent imposed conditions for approval, including requiring a 6 meter access allowance within the slope setback. The applicants appealed many conditions to the Ontario Municipal Board (“OMB”) and argued that some contravened their Charter rights. The OMB granted the respondent’s motion to strike the Charter issues. Nine months later, the applicants brought a motion to have the earlier decision reconsidered. The OMB Chair refused on the basis that the motion had not been brought within the thirty day limitation period and it was not in the public interest to reopen the decision in this case. The applicants brought a motion for leave to appeal that decision to the Superior Court of Justice, Divisional Court. Justice O’Neill of that Court denied leave to appeal. The applicants unsuccessfully sought leave to vary Justice O’Neill’s decision. A motion for leave to appeal to the Ontario Court of Appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
12-DC-1877
Motion to set aside decision of O’Neill J., denied
Court of Appeal for Ontario
M-43720
Leave to appeal to the Court of Appeal of Ontario refused
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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