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)