A residents' association sought declaratory and injunctive relief to compel construction of a community centre at a specified site under minutes of settlement arising from planning appeals.
The court held the minutes were part of a planning framework under the Planning Act, not a final and everlasting commercial contract, and that essential terms remained dependent on further agreements including a section 37 agreement and related instruments.
The court further held the minutes did not obligate the municipality to construct, maintain, or operate the facility, and that the discretionary letters-of-credit provision did not create such an obligation.
Specific performance was refused, and the application was dismissed.
