Ontario Civil


Aboriginal and Indigenous Law

Planning

Practice and procedure on enactment or approval of plan

Any plan was subject to qualification where limited funds were available

Bridge in issue was one-lane structure over river, which, applicants submitted, provided traffic calming and maintained serenity of the surrounding conservation area. Applicants made application for judicial review of city’s decision to replace one-lane, load-restricted heritage bridge on road with two-lane, highway standard bridge. Application dismissed. There was nothing in record that would suggest that different result would occur if city were ordered to start process over. Indeed, process that applicants wished still allowed for council to approve or disapprove. Even with approval, any plan was subject to qualification where limited funds were available. City was not unreasonable in following the process it did to come to decision it made.

Whiteley et al v. The Corporation of the City of Guelph (2019), 2019 CarswellOnt 47, 2019 ONSC 118, G.D. Lemon J. (Ont. S.C.J.).

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