This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

After the Town Council of the Town of Paradise denied a development application by PowerLane Properties Limited (“Powerlane"), the Eastern Newfoundland Regional Appeal Board (“ENRAB”) overturned the Town Council’s decision and declared that a permit should be issued.

The Town Council appealed to the Supreme Court of Newfoundland and Labrador, which began by determining that ENRAB’s interpretation and application of the law and its own jurisdiction should be held to the standard of correctness. The Court then found that the ENRAB had erred in law and exceeded its jurisdiction by overturning the Town Council’s decision, and it remitted the matter to the Board for reconsideration.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2010/2010nltd116/2010nltd116.html

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