The applicant sought to quash the Regional Municipality of Niagara's Woodland Conservation Bylaw, arguing it was ultra vires, conflicted with a historic Crown Patent and provincial statutes, and was impermissibly vague.
The applicant contended that the Crown's previous relinquishment of tree reservations meant the municipality could not regulate tree destruction on the property.
The Superior Court of Justice dismissed the application, finding the bylaw was a valid exercise of the municipality's regulatory powers under section 135 of the Municipal Act.
The court held that the Crown Patent did not supersede provincial or municipal authority to regulate land use, and the bylaw's definitions were sufficiently clear.
