Extention of Time for an Appeal (ACRB): Difference between revisions
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==Robert Kamstra v Ontario Society for the Prevention of Cruelty to Animals, 2019 ONACRB 1 (CanLII)<ref name="Robert Kamstra"/>== | ==Robert Kamstra v Ontario Society for the Prevention of Cruelty to Animals, 2019 ONACRB 1 (CanLII)<ref name="Robert Kamstra"/>== | ||
[11] The Board was created by the Act. As a creature of statute, the Board has no jurisdiction to hear an appeal or grant the remedies available in the Act except in accordance with the Act and any other relevant legislation. A necessary first step for a hearing under the Act is giving the Board written notice of an appeal. The Act sets out clear time limits for giving such notice. There is nothing in the Act that grants the Board the authority to extend those time limits. | [11] The Board was created by the Act. <b><u>As a creature of statute, the Board has no jurisdiction to hear an appeal or grant the remedies available in the Act except in accordance with the Act and any other relevant legislation.</b></u> A necessary first step for a hearing under the Act is giving the Board written notice of an appeal. The Act sets out clear time limits for giving such notice. There is nothing in the Act that grants the Board the authority to extend those time limits. | ||
[12] The Statutory Powers Procedure Act, R.S.O. 1990 c. S.22 (the “SPPA”) gives the Board certain powers to control its own processes. The Board also has rules of procedure which serve the same purpose. However, neither the SPPA nor the Board’s rules of procedure can create a jurisdiction to hear and decide an appeal where one does not exist in the Act. | [12] The Statutory Powers Procedure Act, R.S.O. 1990 c. S.22 (the “SPPA”) gives the Board certain powers to control its own processes. The Board also has rules of procedure which serve the same purpose. However, neither the SPPA nor the Board’s rules of procedure can create a jurisdiction to hear and decide an appeal where one does not exist in the Act. | ||
Latest revision as of 03:23, 24 July 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-26 |
| CLNP Page ID: | 2396 |
| Page Categories: | [Animal Control (POA & ACRB)] |
| Citation: | Extention of Time for an Appeal (ACRB), CLNP 2396, <>, retrieved on 2024-11-26 |
| Editor: | Sharvey |
| Last Updated: | 2024/07/24 |
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Robert Kamstra v Ontario Society for the Prevention of Cruelty to Animals, 2019 ONACRB 1 (CanLII)[1]
[11] The Board was created by the Act. As a creature of statute, the Board has no jurisdiction to hear an appeal or grant the remedies available in the Act except in accordance with the Act and any other relevant legislation. A necessary first step for a hearing under the Act is giving the Board written notice of an appeal. The Act sets out clear time limits for giving such notice. There is nothing in the Act that grants the Board the authority to extend those time limits.
[12] The Statutory Powers Procedure Act, R.S.O. 1990 c. S.22 (the “SPPA”) gives the Board certain powers to control its own processes. The Board also has rules of procedure which serve the same purpose. However, neither the SPPA nor the Board’s rules of procedure can create a jurisdiction to hear and decide an appeal where one does not exist in the Act.
[13] Given that the Act does not grant the Board the authority to extend the time limit for bringing an appeal, I conclude that the Board lacks the jurisdiction to grant Mr. Kamstra the extension of time he seeks. As a result, his appeal cannot proceed. In light of this conclusion, it is unnecessary to consider the second issue of whether an extension ought to be granted in the circumstances of this case.
References
- ↑ 1.0 1.1 Robert Kamstra v Ontario Society for the Prevention of Cruelty to Animals, 2019 ONACRB 1 (CanLII), <https://canlii.ca/t/j07p2>, retrieved on 2024-07-23
