Thomas Richardson

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court allowed the motion for leave to appeal and fixed costs in the amount of $5,000, with entitlement to be determined by the panel hearing the appeal.

The respondents sought to develop land subdivided via testamentary devise, a method that bypassed Planning Act controls.

When they applied for building permits, the appellant Town delayed processing and passed an interim control by-law, followed by a zoning amendment increasing minimum lot sizes, effectively halting the development.

The trial judge found the Town acted in bad faith, quashed the zoning amendment, and ordered the issuance of building permits and damages.

The Court of Appeal upheld the trial judge's findings of bad faith and the order for building permits, finding no palpable and overriding error, but allowed the appeal in part to adjust the interest rate on damages and the scale of costs.

The appellant municipality appealed the acquittal of the respondents on a charge of breaching a zoning by-law by storing used tires on their agricultural property.

The lower courts acquitted the respondents on the basis that the tires were intended to be used as building material for fences.

The Court of Appeal allowed the appeal, finding that the accumulation of thousands of tires over a three-month period constituted 'storage' in contravention of the by-law, regardless of the eventual intended use.

The acquittals were set aside, convictions entered, and nominal fines imposed.