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Ontario Superior Court of Justice Holds that Town of Newmarket Violated Circus Producer’s Charter and Procedural Fairness Rights (Contact Signe Leisk, Municipal, Planning & Environmental Group)

Published: 04/28/2010

By Carlton Thorne

In the Ontario Superior Court of Justice decision of Xentel DM Incorporated v. The Corporation of the Town of Newmarket, the Court held that the actions of the Town of Newmarket ("Town") in denying an application to rent a Town-owned facility to stage two performances of the Shrine Circus with animals violated both the Canadian Charter of Rights and Freedoms ("Charter") as well as procedural fairness rights.

Stan Makuch and Carlton Thorne, lawyers at Cassels Brock & Blackwell LLP, successfully represented Xentel DM Incorporated in this matter.

Implications of the decision:

• It holds that the rights and freedoms provided to individuals under the Charter must be considered and protected by municipalities when considering applications for rental or use of municipal facilities.
• It holds that municipalities must provide individuals seeking to rent or use municipal facilities with procedural fairness, particularly when Municipal Council is involved in the decision-making process, and holds Council meetings to determine the outcome of the application. 
• It holds that Municipal Council meetings should be fair and open.

For more details on how these requirements apply to you or a specific situation, please feel free to contact our Municipal Planning and Environmental Law Group:

Stanley Makuch - smakuch@casselsbrock.com
Signe Leisk - sleisk@casselsbrock.com
James Ayres - jayres@casselsbrock.com
Carlton Thorne - cthorne@casselsbrock.com
Melissa Winch - mwinch@casselsbrock.com