The moving party sought leave to appeal a decision of the Ontario Municipal Board approving official plan and zoning by-law amendments to permit a commercial development, including a Wal-Mart, near a spiritual retreat centre.
The moving party argued the Board erred in its treatment of the retreat centre's freedom of religion claims under s. 2(a) of the Charter, specifically regarding the non-physical, spiritual compatibility of the proposed development with the retreat's practices of quiet contemplation.
The Divisional Court granted leave to appeal, finding that the competing interests and the application of the Charter to such land use compatibility issues raised questions of province-wide public importance.
