photofly wrote:It was only a magistrate judge, and in a different province, so no precedent but:Simpleton wrote:Glad I was able to help you out with those, since the whole "the feds have sole control over everything on aerodromes" shtick was getting tiresome. "Well, you know...I knew about those all along"....yeah, sure you did Johnny.
It's going to be fun when the judgement comes down.
THE CORPORATION OF THE CITY OF OSHAWA
— AND —
536813 ONTARIO LIMITED
My emphasis.[110] For the reasons stated above, I am satisfied that (1.) the Ontario Building Code Act, 1992 trenches on the protected core of federal competency as it applies to the defendant’s hangar, and (2.) Section 8 of the Ontario Building Code Act, 1992 unacceptably interferes with and, in fact, has a considerable and serious impact on the federal competency as it applies to the defendant’s hangar. I find, therefore, that the doctrine of interjurisdictional immunity applies such that the City of Oshawa cannot rely on provincial building code provisions to require the defendant to obtain a building permit for construction to its hangar located at the Oshawa Airport complex. Consequently, the charge against the defendant under clause 36(1) of the Ontario Building Code Act, 1992, for failing to obtain a building permit as required under subsection 8(1), is ultra vires the City of Oshawa and, hence, I am quashing the Information that brought the impugned charge against the defendant.
The judgement is worth reading. I don't see that an appeal has been filed.
(You're welcome.)
An appeal has been filed
http://oshawaexpress.ca/city-appealing- ... rt-hangar/
http://oshawaexpress.ca/city-judge-wron ... port-case/
(You're welcome)