Zoning

City of Toronto v Board of Trustees of R.C. Separate Schools for City of Toronto

The School Board purchased two residential properties, and planned to build a new school on the site. They deposited plans with the city architect to create a temporary school in the meantime. The Board of Control lobbied City Council to pass a bylaw to rezone the area to prevent a school from being built, and asked the city architect not to approve the plans until then. City Council subsequently passed a bylaw zoning the area as strictly residential.

R v Cappy

The defendant a stadium in 1951 and began to conduct stock car racing on it. In 1948, the municipality had passed a bylaw that prohibited the use of land for non-residential purposes except where they were a continuation of pre-existing use. The stadium had previously been used for entertainment purposes, including some racing of other kinds, but not stock car racing.

Saint-Romuald (City) v Olivier

Olivier's nightclub changed their entertainment from singing cowboys and cowgirls to nude dancers. New zoning law restricted nightclubs in the area, so Olivier's bar could only operate if the new entertainment was a continuation of pre-existing use.

Cobalt (Town) v Coleman (Township)

Cobalt operated a tract of land as municipal park between 1972 and 1997, and allegedly conducted some extraction of aggregate. In 2006 the Township of Coleman rezoned the portion of the land at issue for residential or 'marine facility' use. In 2014, Cobalt entered into an agreement with a paving company to extract aggregate from the property at scale.

Zoning Controls #