The province issued a renewable energy approval to the respondent for a wind turbine project, which included the use of an unopened municipal road allowance.
The appellant city, opposing the project, passed a resolution refusing any request to use the road.
The Divisional Court quashed the resolution, finding it frustrated the legislative purpose of the provincial approval and was made in bad faith.
The Court of Appeal dismissed the city's appeal, confirming that the renewable energy approval was a positive entitlement and the city's resolution conflicted with it under section 14 of the Municipal Act, 2001.
The Court also upheld the finding of bad faith.
