The City of Ottawa sought leave to appeal an Ontario Municipal Board decision that repealed Section 3 of its Comprehensive Zoning By-Law.
The Board had found that the by-law improperly restricted property owners' rights to continue legal non-conforming uses after voluntary repairs or renovations, contrary to section 34(9)(a) of the Planning Act.
The Divisional Court determined the applicable standard of review was reasonableness and found no error in the Board's conclusion that the by-law frustrated the normal evolution of legal non-conforming uses.
Leave to appeal was dismissed, though the parties consented to restore certain unrelated subsections of the by-law.
