2 total
Appeal allowed and minor variance authorized for a cabana accessory structure with a reduced setback.
The appellant appealed a Committee of Adjustment decision refusing a minor variance to permit a cabana accessory structure with a reduced exterior side yard setback.
At an uncontested hearing, the appellant's land use planner provided expert testimony that the variance met the four tests under the Planning Act, was consistent with provincial policies, and conformed to local official plans.
The Tribunal accepted the uncontested planning evidence, which was corroborated by municipal planning staff, and allowed the appeal, authorizing the variance subject to conditions.
Municipal Conflict of Interest Act does not deem indirect pecuniary interest for councillors on non-share capital boards.
The Town of Aurora brought an application seeking a declaration on whether the Municipal Conflict of Interest Act applies to deem an indirect pecuniary interest to a councillor appointed to the board of a non-share capital corporation.
The court held that section 2 of the Act does not apply because a non-share capital corporation does not offer securities to the public.
Furthermore, the court found that even if an indirect pecuniary interest existed, the exemptions under subsections 4(h) and 4(k) would apply, as the appointment serves a public duty and any interest would be too remote to influence the councillor.
