The appellants appealed the dismissal of their application to quash a municipal bylaw designating their property as a heritage building.
The appellants argued the bylaw was void ab initio due to a defect in the notice of intention to designate.
The Court of Appeal upheld the application judge's finding that the application, brought under s. 273 of the Municipal Act, 2001, was barred by the one-year limitation period in s. 273(5), as the appellants had actual notice of the designation years before commencing the proceeding.
The appeal was dismissed.
