GANDER, N.L. — The province’s top court has ruled in favour of a Gander man.
In a written decision brought by Justice Glen Noel on June 12, the Newfoundland and Labrador Supreme Court ruled Richard Freake, who filed the court application, had not been given adequate notice of a hearing with the Central Newfoundland Regional Appeal Board regarding a demolition order for parts of his property in Gander.
In January 2018, the Town of Gander served Freake with a demolition order for property he owned as a part of a strip mall on Elizabeth Drive in the community.
At the time, the town had approved demolition orders for 283, 285 and 287 Elizabeth Dr. for safety reasons. The roof had caved in on part of the property, and Gander’s fire chief had given an order that forbade firefighters from entering for safety reasons.
Freake appealed the decision for properties 283 and 287, while 285 was spared after it was deemed to be in acceptable condition.
After he appealed, the Central Newfoundland Regional Appeal Board sent Freake one notice of his hearing by email and another two notices by registered mail. The email went unreceived, the two registered letters were not claimed and Freake did not appear for the hearing.
Instead, the appeal board proceeded with the hearing in his absence and upheld the demolition orders.
Freake’s decision to bring his matter to the Supreme Court comes under Section 46(2) of the province’s Urban and Rural Planning Act and deals with the breach of procedural fairness and his right to be heard.
He told the Supreme Court the Town of Gander had the opportunity to serve the notice to him in person and should have done so.
“Mr. Freake did not have proper and effective notice of the hearing."
— Justice Glen Noel
The town argued that the appeal can be dismissed, because Freake had adequate notice and the town had no obligation to deliver the notice in person.
Freake was seeking a $5,000 lump-sum payment from the town to cover costs, while the town was looking for its costs to be covered.
“I have concluded that the (appeal) board made an error of law in not correctly applying Section 107(1) of the act,” Noel wrote in his decision. “Mr. Freake did not have proper and effective notice of the hearing.
“I am allowing the appeal without any award of costs, vacating the orders of the board and returning the matter to the board for a new hearing date.”
No date has been set for a new hearing into Freake’s appeal of the demolition order.
Nicholas Mercer is a Local Journalism Initiative reporter covering Central Newfoundland for Saltwire Network.
