2 total
The court dismissed an anti-SLAPP motion, finding the applicants' expressions regarding a neighboring development primarily concerned private property interests.
The applicants, Eleanor and Patrick Coulson, brought a motion under s. 137.1 of the Courts of Justice Act to dismiss a counterclaim by the respondents, Alexander Muskoka (Gravenhurst) Inc. et al., arguing it was a Strategic Lawsuit Against Public Participation (SLAPP).
The counterclaim alleged breach of Minutes of Settlement by the Coulsons for opposing a retirement residence development.
The court found that while the development itself was a matter of public interest, the specific expressions made by the Coulsons, which formed the basis of the counterclaim, were primarily about their private property interests (e.g., trees, sightlines, property boundaries) and compliance with the Minutes of Settlement, rather than broader public concerns.
Therefore, the Coulsons failed to meet the threshold burden of proving that their expressions related to a matter of public interest, and the motion to dismiss the counterclaim was dismissed.
Tribunal approves consents for water access and rezoning of island properties to permit residential development.
The applicants appealed the Town of Huntsville's refusal to amend a zoning by-law and its failure to make decisions on consent applications relating to island properties and mainland access points.
The applicants sought consents for rights-of-way over mainland properties to provide water access to the island properties, and zoning amendments to permit 'Waterfront Landing' uses and rezone the island properties from Conservation-Holding to Shoreline Residential Five to allow for the construction of one dwelling on each island lot.
The Tribunal allowed the appeals in part, granting provisional consent and approving the zoning by-law amendments, finding that the proposals had regard for provincial interests, were consistent with the Provincial Policy Statement, conformed to the applicable official plans, and were supported by uncontroverted planning and preferred ecological expert evidence.
