The applicant sought judicial review to quash a zoning by-law amendment that permitted a Battery Energy Storage System (BESS) on rural lands, alleging the City of Ottawa acted in bad faith and failed to follow required procedures.
The Divisional Court granted the applicant public interest standing and exercised its discretion to hear the application despite the availability of an alternative statutory remedy.
On the merits, the court dismissed the application, finding no evidence of bad faith or procedural unfairness in the City's sequencing of approvals, suspension of procedural rules, or reliance on the submitted technical studies.
