The appellant purchased property to construct a fourplex and submitted applications for site plan approval and building permits.
The respondent municipality subsequently passed an interim control by-law freezing development in the area, having discussed the by-law in closed committee meetings.
The appellant moved to quash the by-law, arguing the closed meetings violated the open meeting requirements of the Municipal Act.
The motion judge dismissed the application, finding the meetings fell under the 'potential litigation' exception.
The Court of Appeal allowed the appeal and quashed the by-law, holding that the subject matter of the meetings was the by-law itself, not potential litigation, and that the statutory requirement for open meetings had been breached.
