What are the reasons of Clublink’s application?

Ontario, Canada


The following excerpt is from Clublink Corporation ULC v. Oakville (Town), 2019 ONCA 827 (CanLII):

I agree with my colleague that the issue of the Town’s jurisdiction is a question of law and questions of law are reviewed on the basis of correctness: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 8. Clublink’s repetitive efforts to describe the reasons of the application judge as amounting to findings of fact or of mixed fact and law, and thus attracting deference and a standard of review of reasonableness, are misconceived and fundamentally flawed. At the centre of his decision is the legal question of whether the Town has the jurisdiction to do that which it purported to do through the by-laws.

Other Questions


Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
What are the main reasons the Divisional Court of Justice has found that the Applicant and Respondent did not have a reasonable chance of success in their appeal? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
What are the reasons for a judge's decision to grant an application to overturn an order that would have prevented the application from being heard on an appeal? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the legal test used to determine whether an application has a reasonable prospect of success following a summary hearing? (Ontario, Canada)
What is the test for determining whether an application has a reasonable prospect of success? (Ontario, Canada)
What is the test for determining whether an application has no reasonable prospect of success? (Ontario, Canada)
What are the reasons for the release of reasons for judgement? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.