Mr. Stagl

The applicants sought leave to appeal a decision of the Ontario Municipal Board granting minor variances for a rear two-story addition to the respondents' neighbouring property.

The applicants argued that the Board failed to provide sufficient reasons regarding the third test for a minor variance, specifically whether the side yard variances maintained the general intent and purpose of the zoning bylaw.

The Divisional Court agreed, finding that the Board's failure to articulate its analysis on this mandated requirement constituted a fundamental flaw and an error of law.

Leave to appeal was granted, and costs were awarded to the applicants.

The Town of Oakville appealed a decision of the Normal Farm Practices Protection Board that stayed a zoning by-law against the respondents, who were growing crops on contaminated former refinery lands zoned industrial.

The Divisional Court allowed the appeal, finding that the Board failed to provide adequate reasons for its decision, thereby denying natural justice.

Furthermore, the Court held as a matter of law that 'farming' is a land use, not a 'normal farm practice', and the Farming and Food Production Protection Act cannot be used to introduce a new agricultural use on land where farming is prohibited by a valid zoning by-law.