[2] Section 4.6(1)(c) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22 provides that a tribunal may (on its own motion) dismiss a proceeding without a hearing if “some aspect of the statutory requirements for bringing the proceeding has not been met”. However, s. 4.6 (2) requires that “before dismissing a proceeding under this section”, the tribunal must give notice of its intention to dismiss the proceeding and s. 4.6(3) requires that the “notice of intention to dismiss a proceeding shall set out the reasons for the dismissal”. The Tribunal never provided Mr. Chapman with notice that it was intending to dismiss his proceeding on the basis of s. 4.6(1)(c). The first time that s. 4.6(1)(c) was ever referred to in the proceedings was in the decision of the Tribunal that is under appeal. If Mr. Chapman had received notice of the Tribunal’s intention to dismiss his proceeding under s. 4.6(1)(c) he could have considered whether to withdraw or reconstitute his proceeding once construction was complete.
[3] On this basis the decision of the Tribunal must be set aside.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
