Craig Andrew Williams

Costs decision following an application concerning ownership and control of a lakeside promenade shown on a subdivision plan.

The municipality was largely successful in establishing ownership of the land held for the benefit of the public and immunity from claims of adverse possession, though it failed on its argument that the land constituted a public highway and the respondents secured a future trial on laches regarding existing shoreline structures.

The respondents argued that the proceeding constituted public interest litigation and that success was divided.

The court found the municipality to be the more successful party but recognized the respondents’ contribution to resolving a longstanding public dispute and to advancing legal issues affecting public access.

Applying reductions for the public interest component and the respondents’ cooperative conduct, the court substantially reduced the municipality’s recoverable costs.

The applicant sought to quash a municipal by-law imposing a two‑kilometre setback for industrial wind turbines from any “property” as defined in the by-law.

The court held that the definition of “property,” which included property lines, vacant land, structures, and inhabitants “of all species,” rendered the by-law unintelligible and incapable of consistent interpretation.

Because the measuring point for the setback requirement was unclear, developers could not determine where turbines could legally be located.

The by-law was therefore invalid for vagueness and uncertainty.

The court further observed that, even if valid, the by-law could become inoperative where it conflicted with provincial renewable energy legislation and regulations.