The Court dismissed an appeal by the City of Ottawa which had argued that the Ontario Municipal Board had erred in failing to give deference to the decision of City Council, regarding its rejection of a development proposal. The Court held that section 2.1 of the Planning Act, which required the Board to “have regard to” Council’s decision, suggested that minimal deference was owed to Council’s decision. In the result, the Board did not fail in its duty imposed by section 2.1.
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Have regard to – definition – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation Ottawa (City) v. Minto Communities Inc., [2009] O.J. No. 4913, Ontario Superior Court of Justice, November 13, 2009, P.T. ...