The appellant municipality appealed a decision quashing a by-law that authorized a licence agreement for a jet boat tour operator to use a municipal dock.
The application judge had found the by-law contravened the Planning Act because the use did not conform to the Official Plan's 'Conservation' designation and was not a legal non-conforming use.
The Court of Appeal allowed the appeal, finding that the jet boat operation was a legal non-complying use under the Official Plan, as it was lawfully established by a prior by-law before the Plan was adopted.
The Court also found the licence agreement was not an unlawful disposition of land and did not create an illegal monopoly.
