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.