The applicant sought judicial review to quash a municipal zoning by-law that added a motor vehicle service station as a permitted use on the respondent's property.
The application was brought more than four years after the by-law was enacted.
The applicant argued that the municipality failed to provide adequate notice of the proposed amendment, denying it the right to participate.
The Divisional Court dismissed the application due to the significant delay, finding that the municipality had complied with the statutory notice requirements and that the delay caused prejudice to the respondents who had relied on the by-law.
