Agricultural Law NetLetter - Tuesday, June 7, 2016

HIGHLIGHTS

* The Ontario Superior Court of Justice, Divisional Court, has overturned a lower court ruling which applied an unduly restrictive interpretation of what constitutes an "agricultural use" for the purpose of determining whether a riding arena was a "permitted use" under a Zoning Bylaw. The Divisional Court concluded that an awkwardly worded bylaw was ambiguous, and that it ought to be interpreted in context, consistent with a municipal plan, which included objectives of encouraging, promoting and preserving the agricultural and rural nature of the municipality, and the evidence of a municipality's Director of Planning that equine uses were an integral part of the agricultural and rural character of the municipality. (Ashburner v. Adjala-Tosorontio (Township), CALN/2016-014, [2016] O.J. No. 2926, Ontario Superior Court of Justice)

NEW CASE LAW

Ashburner v. Adjala-Tosorontio (Township);

CALN/2016-014,

Full text: [2016] O.J. No. 2926;

2016 ONSC 2665,

Ontario Superior Court of Justice,

M.R. Dambrot, E.M. Stewart and J.A. Thorburn JJ.,

June 6, 2016.

Zoning -- Agricultural Uses -- Interpretation of Bylaws consistent with a Municipality's Objective of Promoting Agriculture.

The Corporation of the Township of Adjala-Tosorontio (the "Township"), Karl Orpela in his capacity as Chief Building Officer for the Corporation of the Township (the "CBO") and Tuire Pickering ("Pickering") appealed to the Ontario Superior Court of Justice Divisional Court from a decision of a Justice of the Superior Court of Justice (the "Appeal Justice") who rescinded a building permit to construct a riding arena on property owned by the Pickering.

The Respondents, Peter, Phyllis and Thomas Ashburner (the "Ashburners") had objected to the building permit to construct a riding arena. The CBO authorized the construction of the permit notwithstanding this objection. The CBO's decision was set aside by the Appeal Justice when it rescinded the permit.

The Township is located on the south west corner of Simco County. It is sparsely populated. Horses, including a number of thoroughbred and show horses, are bred, raised and maintained in the Township. A number of properties have tracks, stables and riding arenas associated with them for this purpose. Pickering purchased a 22 acre parcel located in the Township in 2004 with the intention of raising and training horses on it. They built a barn on the property in 2005 under the authority of a building permit in order to...

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