Kristen Crain

The applicant sought judicial review to quash a zoning by-law amendment that permitted a Battery Energy Storage System (BESS) on rural lands, alleging the City of Ottawa acted in bad faith and failed to follow required procedures.

The Divisional Court granted the applicant public interest standing and exercised its discretion to hear the application despite the availability of an alternative statutory remedy.

On the merits, the court dismissed the application, finding no evidence of bad faith or procedural unfairness in the City's sequencing of approvals, suspension of procedural rules, or reliance on the submitted technical studies.

The applicant sought a declaration that Schedule Y5 of a subdivision agreement, which mandated the perpetual operation of a golf course on its property, was ultra vires, invalid, and unenforceable.

The court rejected all of the applicant's legal arguments, finding that the municipality had statutory authority to enter into the agreement, the agreement was enforceable as a contract binding on successors, it did not create contingent interests in land subject to the rule against perpetuities, and it did not amount to a constructive taking.

However, acknowledging the golf course's financial unviability, the court adjourned the application for 120 days and directed the parties to engage in mediation to seek a resolution under the agreement's amendment clause.

The appellant appealed a Consent and Capacity Board decision confirming his status as an involuntary psychiatric patient under the Mental Health Act.

The appellant argued the Board failed to consider his mobility issues when assessing his risk of harm to others and erred by refusing to make comments regarding his long-term detention.

The Superior Court of Justice dismissed the appeal, finding the Board's decision was reasonable, supported by evidence of recent assaults, and that the Board was not required to make comments on the conditions of detention.