Zoning on Property: (Re)Making Canada | An Open Legal Coursebook

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

Mon, 01 Jan 0001 00:00:00 +0000

Viscount Cave L.C. — #

This appeal raises some important questions as to the relative rights of a School Board acting under the Separate Schools Act of Ontario and a City Council acting under the Municipal Act of that Province. By virtue of the Separate Schools Act, the Board of Trustees of the Roman Catholic Separate Schools for the city of Toronto (who will be referred to in this judgment as the “School Board”) have power to acquire or rent school sites and to build and carry on schools. By virtue of the Municipal Act, the Corporation of the city of Toronto is empowered to prohibit by by-law the use of land or the erection or use of buildings within any defined area for any purpose other than that of a private residence. The question is whether, in the circumstances of this case, a by-law made by the Corporation under the latter statute is enforceable in respect of a site purchased by the School Board for school purposes.

R v Cappy

Mon, 01 Jan 0001 00:00:00 +0000

Henderson J.A. (dissenting) – #

On 15th February 1951 the respondents purchased the lands known as Oakwood Stadium and on 19th May 1951, they began to promote and conduct in the stadium stock car races.

Oakwood Stadium consists of an oval open space upon which there is sitting accommodation partly in open stands and partly in a covered stand. This stadium at the time of the passing of the by-law in 1948 and prior to the occupation of the respondents in February 1951 was suitable for permitting members of the public to witness various kinds of sport contests including the playing of soccer, rugby and track and field events. Prior to February 1951 there was a cinder track 18 feet wide around the perimeter of the playing field suitable for foot-races.

Saint-Romuald (City) v Olivier

Mon, 01 Jan 0001 00:00:00 +0000

Binnie J. — #

The Court’s objective on this appeal is to find the proper balance between an individual’s right to the continued use and enjoyment of his or her property and the power of the community, expressed through the local municipality, to enhance, by changing the land use regulations, the amenities of surrounding and other affected landowners. As the case arises in Quebec, the specific issue raised is the limitation of previously acquired rights under the Civil Code. However, as this is a public law matter, the principles of land use regulation applicable in the common law provinces concerning legal non-conforming uses are also relevant.

Cobalt (Town) v Coleman (Township)

Mon, 01 Jan 0001 00:00:00 +0000

Trotter J.A. – #

A. Introduction #

This appeal concerns a tract of land (“the property”) situated in the Township of Coleman (“Coleman”), in the District of Timiskaming. The property is owned by the nearby Town of Cobalt (“Cobalt”). Recently, Cobalt has been using the property to conduct a large-scale aggregate extraction operation. Coleman objects to this use, alleging that it is not compliant with its current zoning by-law.