Supreme Court of Canada
Ample Investments Ltd. v. North York (Township) et
al., [1967] S.C.R. 181
Date: 1967-02-07
Ample Investments
Limited (Applicant) Appellant;
and
The Municipal
Corporation of The Township of
North York and S.G. Beckett, Building Commissioner (Respondents)
Respondents.
1966: June 23; 1967: February 7.
Present: Taschereau C.J. and Martland,
Judson, Hall and Spence JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR
ONTARIO.
APPEAL from a judgment of the Court of Appeal
for Ontario, allowing an appeal from a judgment of Brooke J. wherein it was
declared that the plans as submitted by the applicant for a proposed apartment
hotel had been approved within the meaning of s. 30(7) (b) of The
Planning Act, R.S.O. 1960, c. 296. Appeal allowed, Martland and Hall
JJ. dissenting.
W.B. Williston, Q.C., R.J. Rolls and D.S.
Affleck, for the appellant.
J.T. Weir, Q.C., and M. McQuaid, for the
respondents.
The judgment of Taschereau C.J. and Judson and
Spence JJ. was delivered by
JUDSON J.:—For the reasons given in Kalmen
Mapa and Isadore Goldist v. The Municipal Corporation of the Township of North
York and S.G. Beckett, Building Commissioner,
I would allow this appeal with costs and make the same order.
The judgment of Martland and Hall JJ. was
delivered by
MARTLAND J. (dissenting):—For the reasons
given in Kalmen Mapa and Isadore Goldist v. The Municipal Corporation of the
Township of North
York and S.G. Beckett, Building Commissioner1, I would dismiss this appeal with costs.
Appeal allowed with costs, MARTLAND and
HALL JJ. dissenting.
Solicitors for the appellants: Fasken,
Calvin, MacKenzie, Williston & Swackhamer, Toronto.
Solicitors for the respondents: Arnup,
Foulds, Weir, Boeckh, Morris & Robinson, Toronto.
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