Motion to dismiss zoning appeal without a hearing denied as substantive planning issues were raised.
The Township of Selwyn brought a motion to dismiss an appeal of a zoning by-law amendment without a hearing.
The appellant, a numbered company, appealed the by-law because it restricted its ability to package cannabis grown on its farm, classifying the activity as processing rather than an agricultural use.
The Tribunal reviewed expert planning evidence from both parties and found that the appeal raised substantive land use planning issues regarding the definition and categorization of cannabis farming crops.
Concluding that the appeal was not frivolous, vexatious, or without a reasonable prospect of success, the Tribunal dismissed the Township's motion and ordered a second Case Management Conference to schedule a hearing on the merits.
OLTOntario Land TribunalMay 15, 2023
