“Shopping Centre” did not apply to phrase “community shopping centre”

S Ltd. acquired vacant thirty-three acre parcel of land,which it intended to develop. Lands were zoned Highway Commercial and were designated as HC-9. S Ltd. brought application seeking declaration that accorded with interpretation of zoning bylaw. Application dismissed. When section 12.3.9.2.4 of zoning bylaw was read in context and according to grammatical and ordinary meaning, harmoniously with scheme and object of bylaw as a whole, it was clear that definition of “Shopping Centre” did not apply to phrase “community shopping centre”. Latter was not confined to 50,000 square foot plus commercial development that consisted of six or more separated spaces for lease or occupancy.

Southside Construction v. Ingersoll (Town of) (2018), 2018 CarswellOnt 18245, 2018 ONSC 6561, A.D. Grace J. (Ont. S.C.J.).