The appellant appealed an Ontario Municipal Board (OMB) decision which held that the commercial taking of water was not a 'use of land' under the Planning Act and therefore outside its jurisdiction.
The Divisional Court allowed the appeal, finding that the extraction of water using piping and pumps constitutes a use of land.
The Court held that the OMB erred in law by refusing to consider the water taking aspect of the proposed operation and directed a rehearing to consider the entire application for official plan and zoning by-law amendments.
