What is the test for a condition appeal?
Ontario, Canada
The following excerpt is from 2155005 Ontario Ltd. v Strathroy-Caradoc (Township), 2019 CanLII 101552 (ON LPAT):
The jurisprudence that has been developed with regard to the consideration of such condition appeals has generally established a four-part test: • Is the condition reasonable? • Is the condition relevant? • Is the condition necessary? • Is the condition equitable? See Taylor v. Guelph (City) [1998] OMBD 869. POLICY REGIME
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