Nadia Chandra

This decision addresses the costs arising from two applications brought by the Town of Oakville that were struck out by the court.

Clublink, the successful party, sought $137,903.70 in partial indemnity costs, while the Town argued for no costs or, alternatively, $30,000.

The court rejected the Town's arguments for denying costs, noting that the Town's counter-applications created an unnecessary multiplicity of proceedings.

While acknowledging the extensive litigation context and the involvement of multiple senior counsel, the court found Clublink's requested costs excessive for a relatively straightforward motion to strike.

Applying principles of fairness, reasonableness, and proportionality under the Courts of Justice Act and Rule 57.01, the court fixed costs on a partial indemnity basis at $65,000, inclusive of disbursements and HST.

The applicants, owners of the Glen Abbey Golf Course, brought an application to quash five municipal by-laws enacted by the respondent Town.

The by-laws aimed to preserve the property's use as a golf course following its designation as a cultural heritage property.

The Superior Court of Justice allowed the application and quashed the by-laws, finding them ultra vires the Town's authority under the Municipal Act, as they improperly required the provision of services related to recreation and culture.

The court also found the by-laws were enacted in bad faith to thwart the applicants' redevelopment plans and were void for vagueness.

The Town of Oakville designated the Glen Abbey Golf Course as a heritage site under the Ontario Heritage Act (OHA).

Clublink, the owner, sought to demolish and redevelop the property, applying under s. 34(1) of the OHA.

The Town refused to process this application, arguing that the golf course features were not "buildings or structures" within the meaning of s. 34, and that Clublink should instead apply under s. 33, which provides for a non-binding appeal route.

The court was asked to determine the correct procedural route for Clublink's proposed changes.

The court found that the Glen Abbey Golf Course, including its engineered features such as tees, greens, sand traps, and irrigation systems, constitutes "structures" for the purposes of s. 34 of the OHA.

Consequently, Clublink has the right to make an application to the Town under s. 34(1), and the Town was ordered to process Clublink’s application.

The Town of Oakville appealed the dismissal of charges against a mobile sign company for violating the town's sign by-law.

The trial judge found section 39(3) of the by-law, which restricted third-party advertising signs to E1 and E2 industrial zones, violated freedom of expression under the Canadian Charter of Rights and Freedoms and was not justified under section 1.

The appellate court reversed, finding the trial judge erred in failing to accord appropriate deference to municipal policy decisions, mischaracterizing the nature of commercial expression, and failing to properly apply the minimal impairment test under the Oakes framework.

The court upheld the by-law as rationally connected to legitimate municipal objectives and proportionate to those objectives.