Mallory Smith

The City of Hamilton brought a motion to dismiss an appeal of a city-wide zoning by-law filed by Rymal Road Apartments Hamilton Ltd. The City argued that the appellant had no right of appeal under s. 34(19)2.2 of the Planning Act because the by-law did not modify the zoning of the appellant's lands, and therefore did not 'apply' to them.

The appellant argued that the by-law applied because its lands were shown on the by-law's schedules.

The Tribunal applied the modern approach to statutory interpretation and found that a zoning by-law only applies to land where it identifies the zoning applicable to that land.

The Tribunal held that the legislative intent of Bill 185 was to restrict third-party appeals, and adopting the appellant's broad interpretation would undermine this purpose.

The motion was granted and the appeal was dismissed.