2 total
Appeal allowed in part to exempt appellant's property from interim control by-law on consent.
The Town of Caledon passed an Interim Control By-law extension to prohibit development while completing transit planning studies.
The appellant appealed the extension as it applied to its property, where it proposed an industrial development.
The parties reached a settlement to exempt the property from the by-law.
The Tribunal endorsed the settlement, finding on uncontested planning evidence that the proposed development was consistent with provincial policies and municipal official plans, and would not negatively impact the major transit station area.
Oppression action dismissed on summary judgment as the amalgamated plaintiff could not meet co-operative membership criteria.
The plaintiff, a corporate successor to a former member of the defendant co-operative, brought an oppression action seeking solely re-admission as a member.
The defendants moved for summary judgment.
The court found that the plaintiff, having voluntarily amalgamated, no longer existed as a co-operative and could not meet the membership criteria.
The court rejected the plaintiff's argument that it could conditionally re-organize if granted the remedy, holding that litigation is not a 'dry run.' The action was dismissed, and the court noted that naming the personal defendants was an abuse of process given the limited relief sought.
Costs of $300,000 were awarded to the defendants.
