Hamilton’s City Solicitor tells Metroland’s Hamilton Community News that she is “hopeful to see a decision in two to four weeks” in the City’s legal battle against Canada Post.
The Ontario Court of Appeal (ONCA) heard submissions in the City’s Hail Mary appeal of a lower court ruling in favour of Canada Post on February 2, 2016 in Toronto.
The Superior Court of Justice ruled in 2015 that the City’s special bylaw against Canada Post was ultra vires (outside the City’s jurisdiction) a violation of numerous legal principles and violated federal powers by trying to interfere unjustly with the operations of a federal program.
ONCA Notices of Decision – Posted to Its Website
The ONCA will post a notice of decision to its website for both the parties and public to be aware a ruling will be released within the coming business days.
You can follow the ONCA website which is updated usually midday each business day – http://www.ontariocourts.ca/decisions_index/notice.htm
City Hopeful Delay Is In Its Favour
Metroland’s Hamilton Community News shes the City Solicitor ‘noted the length of time may also indicate that the court is giving the case full consideration and that it could rule in the city’s favour.’
This is an interesting statement by the City Solicitor because a delay could be for the ONCA to consider a recent Supreme Court of Canada ruling in a very similar case pertaining to the same principles of law.
In ruling released June 16, 2016, Rogers Communications Inc. v. Châteauguay (City) 2016 SCC 23, the Supreme Court of Canada ruled that municipalites cannot frustrate federal exercise of powers.
The SCC ruled that locations of cellphone towers is “at the core of the federal power over radiocommunication” [para 66] and “the notice of a reserve compromised the orderly development and efficient operation of radiocommunication and impaired the core of the federal power over radiocommunication in Canada”. [para 67]
Substitute postal service for radiocommunication and you have the clear case law the OCA will follow when making its ruling in Hamilton appeal.
The lawyer who won this case at the Supreme Court of Canada, John Laskin, is also representing Canada Post against the City of Hamilton and won the 2015 ONSC hearing in Hamilton.
The ONCA must consider the SCC ruling in his own decision.
The City is acting like a football team down 14 – 0 with 2:00 remaining on the clock. They believe they can still win the game, and no amount of reality will discourage them from believing that can make two Hail Mary plays before time expires.