The appellant church trustees applied to demolish a building on their property.
The City of Ottawa subsequently designated the property as a heritage building under The Ontario Heritage Act, which required the City's consent for demolition.
The Act provided that if the City failed to notify the applicant of its decision within ninety days, it would be deemed to have consented.
The City decided to refuse the application and expropriate the property within the ninety days, and the appellants knew of this decision, but the City failed to give formal notice as required by the Act.
The Supreme Court of Canada held that the notice provisions were substantive protections for the landowner and could not be ignored.
Because the City failed to comply with the statutory notice requirements, it was conclusively deemed to have consented to the demolition.
