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ARTICLE · 01 APRIL 2019

Case Law Summaries – Municipal Law

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In this decision, the Ontario Superior Court of Justice held that the use of a property for the extraction of aggregates was not permitted under the applicable zoning bylaw.

CanadaEnergy and Natural Resources
Aidan Cameron
Aidan Cameron
Vivian Ntiri
Vivian Ntiri
Alexis Hudon
Alexis Hudon
Camille Marceau
Camille Marceau
Angela Juba
Angela Juba
Jack Ruttle
Jack Ruttle
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COBALT (TOWN) V. COMENA (TOWNSHIP), 2018 ONSC 3713

In this decision, the Ontario Superior Court of Justice held that the use of a property for the extraction of aggregates was not permitted under the applicable zoning bylaw.

The case involved a parcel of land in the Coleman Township — known as the "Cobalt pit property" —that was owned by the Town of Cobalt. Cobalt sought a declaration that its use of the property for aggregate extraction was permitted. The applicable zoning bylaw in Coleman Township zoned a portion of the property as "residential" and another as "development." The residential zone did not permit pits or quarries, while the development zone permitted existing non-residential uses.

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