The City of Guelph entered into an agreement to sell lands within a redevelopment area under the Planning Act.
The lands included a closed street.
The abutting owner argued that under s. 315 of the Municipal Act, the City was required to offer the lands to it first.
The application judge held that the Planning Act provided a complete scheme and excluded s. 315.
On appeal, the Court of Appeal found that while the complete scheme argument was unsatisfactory, there was a genuine conflict between s. 315 of the Municipal Act and s. 22(8)(b) of the Planning Act.
Under s. 71 of the Planning Act, the Planning Act prevails in the event of a conflict.
The appeal was dismissed.
