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Following are this week’s summaries of the Court of Appeal for Ontario.
The Court released two decisions concerning the fight over the proposed destruction and redevelopment of Glen Abbey Golf Club. In 2018, the Town voted unanimously to reject Clublink’s demolition application for planning and heritage reasons. Clublink attempted to appeal the decision to the Local Planning Appeal Tribunal (LPAT), but the Town argued that it could not because the Town had designated the property as a heritage site. Clublink then obtained a decision from the Superior Court of Justice that it had a right to take its demolition application to LPAT. The Town appealed. In Oakville (Town) v Clublink, the Court ruled that the golf course is a “structure” pursuant to s. 34(1) of the Ontario Heritage Act, meaning that Clublink can appeal its rejected demolition permit to LPAT and the Town is bound by LPAT’s decision. The Town unsuccessfully argued that s. 33 of the OHA applies instead of s. 34, requiring the Conservation Review Board to hold a hearing and produce a report as to whether or not the application should be approved, and the Board’s report is not binding on the Town.