What is the proper approach to interpretation of zoning by-laws?

Ontario, Canada


The following excerpt is from Rotstein v. Oro-Medonte (Township of), 2002 CanLII 25100 (ON SC):

Counsel on both sides raised the issue generally regarding the proper approach to interpretation of zoning by-laws. Arguments were raised favouring a more balanced approach recognizing zoning issues as expressions of community interest and those favouring an approach which saw zoning more adversarially as impinging on private rights, to be interpreted in the landowner's favour where there is doubt. I accept applicants' counsel's submission that interpretation of zoning by-laws is no longer simply one of interpreting strictly in favour of the landowner. In 1996, Browne J. in Vanhie v. London (City) [1996] O.J. No. 155 was faced with arguments and authority urging upon him either a restrictive approach or a liberal one. Browne J. took a middle course by deriving from the plain wording in the by-law as a whole the municipality's intent and concluding that interpretation of the relevant provisions should be approached with a view toward accomplishing the municipality's intent.

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