John Perry

The appellant municipality appealed a decision quashing a by-law that authorized a licence agreement for a jet boat tour operator to use a municipal dock.

The application judge had found the by-law contravened the Planning Act because the use did not conform to the Official Plan's 'Conservation' designation and was not a legal non-conforming use.

The Court of Appeal allowed the appeal, finding that the jet boat operation was a legal non-complying use under the Official Plan, as it was lawfully established by a prior by-law before the Plan was adopted.

The Court also found the licence agreement was not an unlawful disposition of land and did not create an illegal monopoly.

The applicant applied for a liquor licence for an outdoor patio at a proposed high-end restaurant in Niagara-on-the-Lake.

A local resident objected, raising concerns about potential noise and a lack of parking, citing issues with a nearby pub.

The Board heard evidence from a land use planner and the town planner confirming that the proposed patio complied with zoning by-laws and that parking requirements had been satisfied.

Finding no evidence that the applicant would fail to abide by regulations, the Board approved the application.