Panel of judges dismisses claim by Douglas Cardinal and four appellants
October 27, 2016
On October 26, a panel of Divisional Court judges denied a motion by Douglas Cardinal and other appellants to “vary or rescind” Justice Hackland’s decision of May 26, 2016 October 26.
“Despite strong arguments, the full panel dismissed the claim, saying it did not meet the very narrow test of showing that Justice Hackland had declined his jurisdiction in the May 26 decision,” said Michael Swinwood, lawyer for Mr. Cardinal. A history of Mr. Cardinal’s legal challenges over rezoning of Chaudiere and Albert Islands by the City of Ottawa appears here.
The term “decline of jurisdiction” can refer to and include
- application of the wrong test in deciding whether to grant leave (to appeal)
- disregard of a statutory right
- failure to afford a right to be heard.
“We said that all three were present in Justice Hackland’s decision,” Mr. Swinwood added. “The judges did not agree.”
Mr. Cardinal and the appellants will consider next steps in the coming days and weeks.