Rodney V. Northey

The applicant, Clublink, owned the Glen Abbey Golf Course in Oakville and sought to redevelop it into a residential and mixed-use community.

The Town designated Glen Abbey as a cultural heritage property and passed five related by-laws, including a Cultural Heritage Landscape Conservation Plan By-law, authorizing the preparation of a conservation plan that required Clublink to seek Town approval for alterations to the golf course.

The application judge quashed all five by-laws and the conservation plan, finding them ultra vires, passed in bad faith, and void for vagueness.

The Court of Appeal allowed the appeal in part, upholding the validity of the five by-laws but quashing the conservation plan resolution on the basis that it effectively compelled Clublink to continue operating the golf course as a service, contrary to section 11(8)5 of the Municipal Act.

The Town of Oakville sought to designate Glen Abbey golf course as a cultural heritage property.

Clublink, the owner, applied under section 34 of the Ontario Heritage Act to demolish and remove the golf course.

The Town argued the application should proceed under section 33, which provides different procedural protections and appeal routes.

The central issue was whether a golf course constitutes a "structure" within the meaning of section 34.

The Court of Appeal held that Glen Abbey, being a product of significant construction and engineering comprising constituent parts intended to remain permanently on the property, was a structure within section 34.

The purposive and contextual interpretation of the statute, considering its legislative history and the evolution of municipal heritage planning beyond a "building-centric" paradigm, supported this conclusion.

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.

The Canadian National Railway Company (CNR) moved to stay an application brought by the Regional Municipality of Halton and its constituent municipalities (Halton) concerning the applicability of provincial and municipal laws to CNR's proposed intermodal rail hub in Milton.

Halton's application sought declarations on constitutional division of powers issues, arguing that provincial and local laws of general application should apply to the federal undertaking.

CNR contended the application was premature and interfered with an ongoing federal environmental assessment process.

The court granted CNR's motion to stay Halton's application, finding that while the constitutional issues were not hypothetical, the federal environmental review panel was mandated to consider local concerns and impacts, and allowing the application to proceed would be an unwarranted intrusion into the federal process and an inefficient use of judicial resources.

The stay is temporary, pending the completion of the federal environmental assessment and the Minister's decision.

The Town of Oakville designated the Glen Abbey Golf Course as a heritage site under the Ontario Heritage Act (OHA).

Clublink, the owner, sought to demolish and redevelop the property, applying under s. 34(1) of the OHA.

The Town refused to process this application, arguing that the golf course features were not "buildings or structures" within the meaning of s. 34, and that Clublink should instead apply under s. 33, which provides for a non-binding appeal route.

The court was asked to determine the correct procedural route for Clublink's proposed changes.

The court found that the Glen Abbey Golf Course, including its engineered features such as tees, greens, sand traps, and irrigation systems, constitutes "structures" for the purposes of s. 34 of the OHA.

Consequently, Clublink has the right to make an application to the Town under s. 34(1), and the Town was ordered to process Clublink’s application.