Paul Goodridge

The applicant appealed the municipality's refusal of a zoning by-law amendment to rezone a property from residential to light industrial for warehousing and cold storage.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

The appeal was allowed in part to approve the amended zoning by-law.

The appellant appealed the dismissal of his application for a declaration that a laneway on his property was private and not a public highway.

The municipality asserted the laneway was built on an existing public road to which it held title.

The Court of Appeal found no palpable and overriding error in the application judge's assessment of the survey and historical evidence, which established that the road had been dedicated and accepted as a public highway.

The appeal was dismissed.