Kirk W. Walstedt

The applicants sought judicial review of a municipal council's decision refusing to designate a historic francophone church under the Ontario Heritage Act.

The council had passed a resolution requiring the property owner's consent before considering any heritage designation.

The Divisional Court held that imposing such a condition was manifestly unreasonable and contrary to the purpose of the Act, which contemplates balancing public and private interests and does not make owner consent a prerequisite.

The application for judicial review was granted and the matter remitted to the council for reconsideration.

The applicants sought judicial review of a Town Council resolution that required a property owner's consent as a pre-condition to any heritage designation under the Ontario Heritage Act.

The applicants, a group of parishioners, had requested the designation of a local church to prevent its demolition by the Diocese.

The Divisional Court granted the application, finding that the Town's resolution was patently unreasonable.

By imposing a condition not found in the Act, the Town fettered its own discretion and aborted the statutory decision-making process.