Josephine A. Matera

The appellants appealed a decision of the Ontario Municipal Board which found that a bed and breakfast establishment was not a permitted principal use of their land under the Oak Ridges Moraine Conservation Plan.

The appellants' land, located in a Natural Core Area and accessible only by private road, did not permit the construction of a single dwelling under the applicable zoning by-law.

The Divisional Court dismissed the appeal, agreeing with the Board that the definition of a bed and breakfast establishment limits such use to a single dwelling that is the principal residence, which could not be built on the appellants' property.

The moving parties sought leave to appeal a decision of the Ontario Municipal Board, which held that a bed and breakfast establishment was not a permitted principal use of their lands under the Oak Ridges Moraine Conservation Plan.

The Board had concluded that a bed and breakfast could only be established in an existing dwelling.

The Divisional Court granted leave to appeal, finding that the Board's restrictive interpretation of the Conservation Plan was open to serious debate and that the point of law warranted appellate attention given the legislation's broad impact.