Burlington (City) v. Burlington Airpark Inc.,

JurisdictionOntario
JudgeFeldman, Sharpe and Roberts, JJ.A.
Citation2017 ONCA 420
Docket NumberC62477
CourtCourt of Appeal (Ontario)
Date24 May 2017

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5 practice notes
  • Court Of Appeal Summaries (March 2 – March 6, 2020)
    • Canada
    • Mondaq Canada
    • April 2, 2020
    ...ONCA 172 Keywords: Municipal Law, Zoning By-Laws Permitted Uses, Legal Non-Conforming Use, Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420, 138 O.R. (3d) 309, Saint-Romuald (City) v. Olivier, 2001 SCC 57 Short Civil Decisions 911 Priority Corporation v. Murray, 2020 ONCA 171 Key......
  • Ontario Court Of Appeal Summaries (May 23 – 26, 2017)
    • Canada
    • Mondaq Canada
    • June 7, 2017
    ...284, Lloyd v. Bush, 2017 ONCA 252 , , Frank v Central Elgin (Municipality), 2010 ONCA 574 Burlington (City) v Burlington Airpark Inc., 2017 ONCA 420 Keywords: Municipal Law, Statutory Interpretation, Retroactivity, Retrospectivity, Legislation Act , 2006, S.O. 2006, c.21, Sch. F ., s.5......
  • City of Elliot Lake (Integrity Commissioner) v. Patrie,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 9, 2023
    ...authority exists at common law to pass bylaws retroactively.  I agree that the case, Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420 (CanLII) does not alter same or require a statute to permit same and is distinguishable as argued by the [76]     &#......
  • Feldman, Huscroft and Harvison Young JJ.A.,
    • Canada
    • Court of Appeal (Ontario)
    • March 6, 2020
    ...trial judge gave the by-law retroactive effect, contrary to this court’s decision in Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420, 138 O.R. (3d) [5]          The respondent conceded in oral argument that para. 4 of the order......
  • Get Started for Free
3 cases
  • City of Elliot Lake (Integrity Commissioner) v. Patrie
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 9, 2023
    ...authority exists at common law to pass bylaws retroactively.  I agree that the case, Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420 (CanLII) does not alter same or require a statute to permit same and is distinguishable as argued by the [76]     &#......
  • Feldman, Huscroft and Harvison Young JJ.A.
    • Canada
    • Court of Appeal (Ontario)
    • March 6, 2020
    ...trial judge gave the by-law retroactive effect, contrary to this court’s decision in Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420, 138 O.R. (3d) [5]          The respondent conceded in oral argument that para. 4 of the order......
  • P.L.E. v. O.E.
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • July 29, 2021
    ...jurisdiction before. and (2)           In Burlington Airpark Inc. v Burlington (City) 2017 ONCA 420, the Court of Appeal for Ontario similarly 50 The second problem with Burlington’s argument is that, even if s. 52(3) does apply to mu......
2 firm's commentaries
  • Court Of Appeal Summaries (March 2 – March 6, 2020)
    • Canada
    • Mondaq Canada
    • April 2, 2020
    ...ONCA 172 Keywords: Municipal Law, Zoning By-Laws Permitted Uses, Legal Non-Conforming Use, Burlington (City) v. Burlington Airpark Inc., 2017 ONCA 420, 138 O.R. (3d) 309, Saint-Romuald (City) v. Olivier, 2001 SCC 57 Short Civil Decisions 911 Priority Corporation v. Murray, 2020 ONCA 171 Key......
  • Ontario Court Of Appeal Summaries (May 23 – 26, 2017)
    • Canada
    • Mondaq Canada
    • June 7, 2017
    ...284, Lloyd v. Bush, 2017 ONCA 252 , , Frank v Central Elgin (Municipality), 2010 ONCA 574 Burlington (City) v Burlington Airpark Inc., 2017 ONCA 420 Keywords: Municipal Law, Statutory Interpretation, Retroactivity, Retrospectivity, Legislation Act , 2006, S.O. 2006, c.21, Sch. F ., s.5......