Jessica Linton

The applicant municipality sought declarations and advisory opinions from the Superior Court of Justice regarding a perceived conflict between its statutory duty to maintain highways under the Municipal Act, 2001, and its obligations to protect endangered species and their habitats under the Endangered Species Act, 2007.

The municipality faced charges under the ESA for road maintenance activities that allegedly harmed the mottled Duskywing butterfly and its habitat, arguing it was impossible to comply with both statutes simultaneously.

The court dismissed the application, finding the issues were not ripe for declaratory relief because the municipality had not availed itself of the permit process provided under the ESA, nor had it fully tested its defenses in the ongoing provincial prosecution.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 2-storey agri-tourism facility on an active organic farm.

The proposed development included overnight accommodation for up to 12 guest rooms to educate the public about organic farming.

The Tribunal found that the proposed 'Agri-tourism Retreat' is a unique concept that meets the intent of the Provincial Policy Statement, the Greenbelt Plan, and the Rural Hamilton Official Plan as an on-farm diversified use.

The Tribunal preferred the applicant's expert evidence regarding land use planning and natural heritage, concluding that the development would not negatively impact agricultural operations or natural heritage features.

The appeal was allowed in part on an interim basis, approving the amendments in principle.