The Town of Oakville brought applications seeking declarations that its heritage and zoning by-laws, which restricted the redevelopment of the Glen Abbey golf course, were valid.
The respondents, ClubLink, moved to strike the applications.
The Superior Court granted the motion to strike, finding that the applications were not properly brought under Rule 14 as they did not seek a determination of rights based on interpretation.
The Court declined to exercise its inherent jurisdiction, noting that the by-laws are presumed valid, there was no active challenge to them in court, and the Local Planning Appeal Tribunal (LPAT) was the appropriate forum to resolve the underlying disputes.
The applications were also struck as an abuse of process for creating an unnecessary multiplicity of proceedings.
