The City of Ottawa appealed a decision dismissing its appeal of the Chief Building Official's issuance of a building permit for a proposed intensive hog farm operation.
The Intervenor cross-appealed the application judge's finding that it did not have a legal non-conforming use to operate the hog farm.
The Divisional Court dismissed both the appeal and the cross-appeal.
The Court held that the environmental statutes (OWRA, Fisheries Act, EPA) were not 'other applicable law' under s. 8(2) of the Building Code Act because they lacked a real and logical nexus to the construction and demolition of buildings.
Furthermore, the Court upheld the application judge's finding that the proposed hog farm was a change in use from the pre-existing dairy farm, meaning the Intervenor did not have a legal non-conforming use right under the Planning Act.
