POWERS OF MUNICIPALITY - Constitutional issues - Federal and provincial jurisdiction - Interjurisdictional immunity - ractice and procedure - Costs

Law360 Canada (January 16, 2018, 10:09 AM EST) -- Appeal by the prosecutor, the City of Oshawa, from the order quashing the Information and ordering costs against the City. In November 2013, the corporate respondent was charged with failing to obtain a building permit prior to renovating an aircraft hangar. The hangar was built by a real estate corporation as part of a complex of aircraft hangars at the Oshawa Airport. The corporate respondent was solely owned by a local businessperson named Sciuk. There was no dispute that Sciuk commenced construction on an addition to his hangar without obtaining a building permit. He believed that his aircraft hangar was subject to federal jurisdiction and that provincial legislation did not apply. At trial, the respondent/defendant brought an application seeking a ruling that the Building Code Act did not apply to his aircraft hangar because of federal jurisdiction over matters of aeronautics. Counsel for the respondent/defendant argued that the constitutional law doctrine of interjurisdictional immunity justified such a ruling. The trial judge granted the application and quashed the Information charging the corporate respondent. The trial judge found that the respondent’s property was part of the Oshawa Airport and that the constitutional law doctrine of interjurisdictional immunity applied to immunize the respondent from any attempt by the City to enforce provincial law in the circumstances. The appellant City took the position that the trial judge erred in numerous ways, including by misapplying the doctrine of interjurisdictional immunity....
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