Kelly Nenniger

The appellant sought a declaration that a zoning by-law provision limiting gross leasable commercial floor area for a "community shopping centre" to 4,645 m² (50,000 ft²) did not apply to developments with five or fewer separate spaces for lease or occupancy.

The appellant argued that "community shopping centre" must be a type of "shopping centre" as defined in the by-law, which requires six or more separated spaces.

The application judge dismissed the application, finding that "community shopping centre" was a distinct term from "shopping centre" and that the provision applied regardless of the number of units.

The Court of Appeal upheld the dismissal, finding no error in the application judge's contextual interpretation of the by-law in light of the Official Plan.

The applicant sought a declaration regarding the interpretation of a zoning by-law provision concerning the maximum gross leasable commercial floor area for a "community shopping centre" on its property.

The applicant argued that the 50,000 square foot limitation only applied if the development contained six or more separated spaces, based on the general definition of "Shopping Centre" in the by-law.

The respondent municipality argued that the limitation applied to any project irrespective of the number of units.

The court dismissed the application, finding that the definition of "Shopping Centre" did not apply to "community shopping centre" in the specific context of the by-law and Official Plan, and that the size limitation was intended to apply to the square footage of a structure accommodating a community shopping area, not based on the number of units.