Stephen J. D’Agostino

The Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.

The applicant property owner brought an application to quash a municipal by-law that commenced expropriation proceedings for its land.

The municipality passed the by-law to implement a downtown redevelopment plan that did not yet conform to its official plan.

The applicant argued the by-law violated s. 24(1) of the Planning Act.

The court dismissed the application, finding that s. 24(3) of the Planning Act permits a municipality to pass by-laws to take preliminary steps, such as seeking approval and giving notice of expropriation, before an official plan is amended.