What is the test for interpretation of an official plan?
Ontario, Canada
The following excerpt is from Green v London (City), 2020 CanLII 24854 (ON LPAT):
In the similarly leading case of Niagara River Coalition v. Niagara-on-the-Lake (Town), 2010 ONCA 173, 2010 CarswellOnt 1332 (“Niagara River”), Winkler C.J.O. confirms the proper interpretation of an official plan as a question of law, at paragraph 43: Further, the proper interpretation of an official plan is not a factual matter to be decided based on opinion evidence from planners, but rather a question of law.
Winkler C.J.O. goes on in paragraph 44 to quote Bouck J. in Capital Regional District v. Saanich (District), 1980 CarswellBC 302, who says at his paragraph 57: The [municipality] must set out in its official … plan what it is trying to do. When it fails in its purpose, others cannot fill in the gaps because they are then placing themselves in the position of the [municipality] which alone is responsible for the decision.
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