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Existing church permitted to expand onto adjoining agricultural lands under zoning by-law.
An application was brought seeking a declaration interpreting a municipal zoning by-law to determine whether an existing church could expand its use onto an adjacent parcel of agricultural land once the parcels were merged.
The municipality argued that the by-law permitted only “existing churches” on lands where such uses existed at the time the by-law was passed, thereby preventing expansion onto new lots.
Applying the modern principle of statutory interpretation, the court examined the wording, purpose, and scheme of the by-law.
The court held that the exemption for “existing churches” applied to the building rather than to a specific lot and that the by-law did not expressly restrict expansion onto adjoining lands.
A declaration was granted permitting the merged lands to be used for church purposes.
The court dismissed an appeal seeking a compliance audit of municipal candidates' campaign finances, finding no reasonable grounds of contravention.
An elector applied to the Compliance Audit Committee for a compliance audit of four municipal election candidates' campaign finances, alleging various contraventions of the Municipal Elections Act, 1996.
The Committee dismissed the application.
On appeal, the court considered the appropriate standard of review, the meaning of "reasonable grounds," and whether the candidates had contravened the Act.
The court found that the Committee was entitled to deference as an expert body and applied a reasonableness standard.
The court upheld the Committee's decision, finding no reasonable grounds to believe the candidates had contravened the Act, as they had promptly returned improper contributions upon becoming aware of them and any filing errors were unintentional and did not materially affect the public's ability to review campaign finances.
