This case was heard in the Supreme Court of Newfoundland and Labrador (Court of Appeal).
In 2000, Mr. Quigley applied for a one-year permit to operate a quarry in Torbay. The Town chose not to approve the application, and there then began a long chain of legal proceedings involving multiple appeals to the Eastern Regional Appeal Board and the Supreme Court of Newfoundland and Labrador.
In 2004, Mr. Quigley initiated an appeal to the Supreme Court of Newfoundland and Labrador, and in 2006, after filing a Notice of Intention to Proceed with that appeal, he also applied for judicial review by way of certiorari and mandamus. After the Town of Torbay protested against the concurrent appeal and application for judicial review, Mr. Quigley indicated his intention to abandon the appeal and proceed with the application for judicial review alone.
After considering the history of the case and the relevant laws and legal principles, the Court held that Mr. Quigley was not entitled to abandon his appeal and proceed by way of judicial review instead, as the legislation that was relevant to Mr. Quigley’s case made it clear that disputes could be addressed by way of appeal, and there was therefore an adequate remedy available to Mr. Quigley. The Court therefore refused the application for judicial review and held that the matter should proceed by way of appeal as Mr. Quigley had initially intended.
Mr. Quigley appealed to the Newfoundland and Labrador Court of Appeal, arguing that he could not proceed by way of appeal because he had already discontinued the appeal that he had initiated in 2004. The Court held that the Trial Division had erred in finding that Mr. Quigley’s appeal had not yet been discontinued, but even in light of that error, the Court held that the Trial Division had not erred in dismissing Mr. Quigley’s application for judicial review. The Court therefore affirmed that Mr. Quigley could not proceed by judicial review, and it held that Mr. Quigley was also barred from continuing the appeal that he had initiated in 2004.
To read related decisions, go to Quigley v. Torbay (Town), 2002 CanLII 61681 (NL SCTD) and Quigley v. Torbay (Town), 2009 NLTD 32 (CanLII).