This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).
Mr. Quigley applied for a one-year permit to operate a quarry in Torbay. After the Town of Torbay chose not to approve the application, Mr. Quigley appealed to the Torbay Local Appeal Board, noting that the Town had not provided any reasons for its decision to refuse the application. The Board affirmed the Town’s decision and dismissed Mr. Quigley’s appeal. Mr. Quigley then appealed to the Supreme Court of Newfoundland and Labrador.
The Court held the Board had erred in law by dismissing Mr. Quigley’s appeal, as the Town had a statutory duty to provide reasons for its decision. The Court remitted the matter back to the Board and directed the Board to refer the matter back to the Town for reconsideration.
To read related decisions, go to Quigley v. Torbay (Town), 2009 NLTD 32 (CanLII) and Quigley v. Torbay (Town), 2010 NLCA 3 (CanLII).