The plaintiff developer brought an action against the City of Guelph seeking reimbursement for local service charges paid for road improvements as a condition of subdivision approval.
The City moved to strike the claim, arguing the court lacked jurisdiction and the action was an abuse of process because the developer failed to appeal the conditions to the Local Planning Appeal Tribunal under the Planning Act.
The Superior Court granted the motion, finding that the developer was improperly attempting to circumvent the statutory appeal scheme and collaterally attack municipal by-laws, making it plain and obvious the claim could not succeed.
