The appellant applied for subdivision approval, which was denied by the municipal council because the land was considered flood-prone.
The council refused to consider any proposals to remedy the flooding problem.
The Supreme Court of Canada held that while flooding was a proper consideration, the council erred by failing to consider the scope of the problem and possible solutions.
The failure to take into account a highly relevant consideration meant the council did not exercise its discretion according to law.
The appeal was allowed and the council was ordered to reconsider the application.
