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Zoning by-law restricting cannabis cultivation in prime agricultural areas repealed for inconsistency with provincial policies.
The appellants appealed the Township of Oro-Medonte's passage of Zoning By-law Amendment No. 2020-046, which sought to regulate cannabis production and processing facilities by restricting them to industrial zones and imposing a 150-metre setback from sensitive land uses.
The appellants argued that the by-law effectively prohibited the outdoor cultivation of cannabis and industrial hemp in prime agricultural areas, contrary to provincial policies.
The Tribunal found that the by-law was inconsistent with the Provincial Policy Statement 2020, as it failed to protect prime agricultural areas for long-term agricultural use and restricted normal farm practices.
The Tribunal also found that the by-law did not conform to the Growth Plan or the applicable Official Plans.
Consequently, the Tribunal allowed the appeals and directed the municipality to repeal the by-law.
Appeal dismissed; Ontario Municipal Board reasonably granted partial summary judgment in expropriation compensation claim.
The appellant corporation appealed an Ontario Municipal Board decision granting partial summary judgment to the respondent City in an expropriation compensation claim.
The Board had dismissed claims for damages pre-dating the announcement of the expropriation scheme, claims related to 1996 agreements, and claims of interference by statutory officials.
The Divisional Court held that the standard of review was reasonableness and that the Board had the jurisdiction to apply the Rules of Civil Procedure, including granting partial summary judgment and weighing evidence.
Finding the Board's decisions reasonable, the court dismissed the appeal.
