The appellants appealed a decision ordering the issuance of a building permit.
The application judge had found that a zoning by-law was passed on November 28, 2005.
The Court of Appeal held that the November 28 decision was merely a resolution, and the by-law was not actually passed until January 9, 2006, in accordance with s. 249(1) of the Municipal Act, 2001.
Furthermore, the City properly determined under s. 34(17) of the Planning Act that no further public notice was required for the by-law changes.
Because the respondents' building permit application was deficient until after the new zoning by-law was passed, there was no basis to order the permit's issuance.
The appeal was allowed.
