The Building Industry and Land Development Association (BILD) brought an application challenging the validity of several by-laws enacted by the Town of Oakville concerning cultural heritage properties.
The application was heard concurrently with a similar application by Clublink Corporation ULC.
The court addressed BILD's standing to bring the application, considering both private and public interest standing.
The court found that BILD lacked private interest standing as it was not directly impacted by the by-laws, and its primary identified member (Clublink's parent company) was already challenging the same by-laws.
The court also denied public interest standing, concluding that BILD's challenge was not a reasonable and effective means of bringing the matter before the court, given that the Clublink application already provided a suitable context for adversarial determination with a proper evidentiary record.
Consequently, BILD's application was dismissed.
