Property owners challenged a municipal heritage designation by-law enacted under the Ontario Heritage Act designating their commercial property and “all original interior features.” They argued the by-law was void due to improper notice and alternatively sought severance of certain interior items from the designation.
The court held that although notice by mail contained a minor postal code error and did not strictly comply with the statutory notice provision, the owners had actual notice of the municipality’s intention to designate the property.
The defect rendered the by-law potentially voidable but not void ab initio, and the one‑year limitation period for quashing municipal by-laws barred the application.
The court further held that the disputed clock, cabinets, counters, showcases, and mirrors were fixtures forming part of the real property and could lawfully be included in the heritage designation.
