Thursday, August 30, 2012

There is no appeal to the Court of Appeal under the Municipal Conflict of Interest Act

Tuchenhagen v. Mondoux, 2012 ONCA 567  makes clear there is no appeal to the Court of Appeal under the Municipal Conflict of Interest Act:


[5]          We do not agree with this approach to s. 11(2). We are bound by the decisions of this court that "final" in s. 11(2) means final, and that no appeal lies to this court from the Divisional Court under s. 11 of the MCIA.  Indeed, we agree with that position. The legislature has chosen in s. 11(2) to permit a member only an appeal to the Divisional Court, but no further. Therefore, regardless of the possible merits of the appeal itself we are prevented from hearing it by the legislation itself.

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