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Press Wednesday March 9 1977 THE 1977 EXECUTIVE of Acton Junior Farmers installed at the annual banquet and dance Saturday in Sacre hall are from left John press reporter Annette Reid treasurer Mary Brooks secretary BerylCoIes vicepresident and BevLeitch president Court decides THE NEW EXECUTIVE of the Halton County Junior Farmers installed at a banquet and dance Saturday night in Georgetown are from left Norman Anderson vice president Frances Eramosa McLean provincial director Ed Bird dent Janet Swackhamer newsletter Rick Isnor sec treasurer and Cecil Patterson alternate director INCOMING PRESIDENT Bev presents past president Janet Swackhammer with the resident s pin at Acton Junior Farmers annual anquet ana dance Saturday Continued from page Mr Meynck observed a substantia concensus among commentators on the newly introduced Expropriations This was that the con sideration of alternate sites was a proper function of an in officer I agree with that view The duty of an inquiry officer is o consider whether the taking of lands is fair sound and reasonably in the achievement of the of the expropriating author ity It is difficult to invest that language with any real meaning if he does not inquire whether alternative sites or routes were considered or whether they were or were not should be II appears to me thai if an inquiry officer concludes that alternatives were not considered by the applicant or not adequately considered or whether they were or not a preferable alternative exists that could reasonably achieve the lives of the expropriating this should be reflected in the opinion he must ultimately give How this issue should be handled will depend on the circumstances of each case Some cases may require lengthy investigation in others the questions of fair soundness and reason able necessity might be an with only little effort How much or how little inquiry is necessary is in the first instance for an inquiry officer to decide Una matter of discretion Here the inquiry officer has decided not to allow inquiry into alternatives Usually in my op that would be a wrong decision for it would prevent him from making the kind of inquiry that his man date requires and would result in an error of But his is not a usual type of case Indeed it is an extraordinary ease Here the question of alternative routes from Nanticoko to Pickering and elsewhere has been investigated at length and in detail by a Commission espe selected for the purpose That aspect of the issue before the inquiry officer has thus been dealt with in an live manner For the inquiry officer to do this all over again without the resources of the Commission would be a great waste or time and money In my opinion in these circumstances it was open to the inquiry officer to accept the report of the Commission as settling the question of generally alter routes Thisappearstobc the effect of his ruling His ruling docs not prevent or avoid consideration of alterna lives to the route in the locale of he recommended route Rather it was obviously in tended to preserve that pros pect At a later point in his reasons Mr Meyncksaid The strict application of my ruling although disappointing to the majority of respondents who obviously had come lo the hearing prepared to attack the whole process of route studies and selection would still allow considerable latitude for attack through cross examination and evidence on the general scheme which could be related to the lar section of the transmission line corridor Lime house to Milton which is the subject for detailed examination in this Inquiry Thus it could be demonstrated that he land was not needed in whole or port or that modification was possible To this stated that the ruling would not be rowly construed In this Interpretation of his own ruling I Mr Mey rick was right as well It remains to deal with the Minister objection to the Jurisdiction of the court The function of he Inquiry officer Is said not to be quasi Judicial In that he issues a report and not a decision The Minister therefore argues that his rul mg is not subject to certiorari I find this a curious position to take when it was apparent o all and virtually conceded by counsel for the Minister that he question before us was novel was of general significance to the operation of The Expropriations Act that it dealt an area of now long standing contro versy and it wis highly desir abjelhatilbcsetalrest However the objection having been raised and dealt with at some length in written submissions we are bound to deal with it This is an application for judicial review not merely certiorari It could be seen as an application Tor mandamus a remedy subsumed by The Judicial Review Procedure Act In that case he grant of a remedy would not depend upon the existence of quasi judicial functions The remedy would he if the inquiry officer simply failed to do his statutory duly Seen in this light there can be no objection to jurisdiction on the ground Similarly on an application for judicial review the court power to make a declaration becomes operative I know of no law that confines the power to make a declaration of rights to the exercise of quasi judi cia I functions The application should be dismissed but in the stances without costs Justice Justice Rutherford Krtxr J I have had the benefit or reading Mr Justice reasons I agree with him that the inquiry officer ruling is subject to judicial review in the circumstances of this case lalsoagreewithhiscon elusion that the consideration of alternate sites is a proper function of an inquiry officer who under of The Expropriations Act RSO 1970 154 must look into the question whether the proposed taking or lands is fair sound and reasonably necessary in the achievement of the lives of the expropriating authority I regret however that I am unable to share his opinion that because of the history of this matter par the prior of the question of tlve routes by the Commission the decision not to allow inquiry into the alternatives in a hearing under of the Act which in Reid J slanguage would usually be a wrong decision was right I fail to see why the history of a parti expropriation proceed ing should be held to affect the correct interpretation of The Expropriations Act which is a statute of general application to all expropriations Like Mr Justice agree with the consensus among tors lhat the consideration of alternate routes is one which is relevant to the principal issue whether the taking of the proposed lands is fair sound and reasonably necessary In my appreciation of s 7 5 of the how The tions came to be involved is of no consequence Given the application of the Act it must bt interpreted correctly and in the same way accord to its terms In all cases to which it applies Whether or not it would be a great waste of time and money for the inquiry officer to do what he must do in the absence of any antecedent special inquiry is not in my opinion a material consideration when of the which as I have said is to be inter in the same way in all expropriations For these brief reasons it is my conclusion that Mr rick was in error in the ruling which the applicant to have judicially reviewed Accordingly I would grant the application with costs and declare that every party to the inquiry is permitted to present evidence and argument to examine and crossexamine witnesses as to the alternate routes as part of the inquiry into the question whether the proposed taking of lands is fair sound and reasonably necessary in the achievement of the objectives of the expro priating authority ON DUTY with St John but without any cases George Hargrave en tered Sunday s thon DANCING Every Saturday 9 pm to 1 am at the Acton Legion MAR 12 LYBRA Tho Rebel Apr St Pot Dance Wheehi Camilla Show Band B J Wright 23 Country Di 30 Guardsmen Admission per couple to tor Form committee to follow Board of Ed achieve this The tail doesn I wag the dog very often he said If you have any spare money invest In a bus com pany said Mr Southwell Council plans to make other councils aware or their ac in the hope that other areas will also look at the pro blem Missed Your Free Press Please Let Us Know Our carriers do their best to give fast courteous service but mistakes do happen so if you do not receive your paper or nave any complaints regarding delivery please call our office 8532010 councillors Mon day recommended the forma Hon of a committee to look into he recent moves by the County Board of involving the School board boundary vote A motion lo abolish school boundaries in Wellington county was defeated at the lust meeting of the school board The motion was raisid by Richard during the discussion of nine requests submitted by area parents Most of requests con children who will be Marling kindergarten next year and whose parents want them to school outside of their regular areas because of baby sitting or importation problems elimination of boundaries in school districts The board action could force students to be bussed to schools in or The sing was instituted lo try to east the load on the southern in lion of influx of people into the bottom of Wellington County according to the board Deputy Reeve feels the move is being made to benefit Schools only pointing out the number of representatives in the board he said I begin to wonder if it not the of Guelph Board of Allen lumsden said We ire to be moved north We may gel away next year bul we will be moved Ieter Southwell who brought the situation lo the attention of Council gested thai a permanent BEV president of Acton Junior Far helps Earl McLean hold his awards at the Acton Junior Farmer annual banquet and dance Saturday in Sacre Coeur hall He was chosen out standing member and was presented with the Halton County past president shield ENTERTAINMENT IN LOUNGE EVERY FRIDAY NIGHT 9PM 1 AM consumer information MAKE LIFE EASIER this Spring Union Gas offers this delightful booklet full of information concerning the purchase of gas appliances the use and care of these appliances for maximum efficiency Our CONSUMER SERVICES TATIVES provide a phone in service to answer your Consumer and Household questions and to answer literature requests all available at NO CHARGE Phone us from Monday to Friday PHONE 2474 TOLL FREE 263 6965 CONSUMER SERVICES MAKES LIFE EASIER union ghs committee of council be formed to keep a finger on developments in this area Council however felt that since the Hoard of Education is not required to answer to any municipal council and to give the committee some permanence the committee should be formed through an existing avenue such as the Home and School Shuffled John pointed out that the Region needs per cent occupancy of all schools before it can get a grant for other high schools and said that rural students were being shuffled around lo Executive elected at GRCA The annual meeting of the Grand Conservation uthorlty was held on the Ad ministration Centre in Cam bridge J Bauer and Clark were returned as chairman vicechairman respectively while the for 1977 are Messrs Bradley Cooper Graham regg Ha worth Jones and Mrs Poll Three projects were at the annud meeting as projects of the Conservation Authority These are channel and dyke works in the of along the i new dim replace the exist mj one at Caledonia is well as dyking and improvements along the river also in the town of Caledonia In theG Hi A has 11 new members out of the total 44 TELL YOUR FRIENDS SALE Lets get acquainted with a fun hobby WHITEWARE LESS I O It could be the start of something exciting WE START IT YOU FINISH IT AND HAVE THE FUN Guelphview Square 8775000 OIL CHANGE and LUBRICATION Oil Oil Filter Grease and Labour Included FOR MOST CARS 88 Filter Included a ooo i Cylinder 6 Cylinder 8 Cylinder Includes Now po Hi cap coo I o I lie I liter Parts Labour Included T In ported Same GEORGETOWN USE OUR CREDIT 8775119