Scarborough (Township) v. Bondi

Scarborough (Township) v. Bondi

Although the amendment was a valid exercise of municipal zoning power and not in substance discriminatory, it was finally passed without the prior or contemporaneous approval of the Municipal Board as required by s.390(9) and, by virtue of s.43 of The Ontario Municipal Board Act, that prior approval was a condition precedent; therefore the amending by-law is a nullity and the appeal must be dismissed.

Citation
[1959] SCR 444
Parties
Defendant/appellant: Township of Scarborough; Plaintiff/respondent: Frank S. Bondi
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 March 1959
Procedural Posture
Appeal / Supreme Court of Canada Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed; amending by-law declared null and void
Legal Topics
Zoning, By Law Amendment, Discrimination, Municipal Board Approval, Statutory Interpretation
Source Language
English
Municipal Law Property Law Administrative Law Zoning By Law Amendment Discrimination Municipal Board Approval Statutory Interpretation

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Parties

Township of Scarborough

Defendant/appellant

Frank S. Bondi

Plaintiff/respondent

Procedural Posture

Appeal / Supreme Court of Canada Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether an amendment to a restrictive zoning by-law affecting one lot is discriminatory and therefore invalid
  2. 2 Whether a by-law amending a by-law previously approved by the Municipal Board is valid where Municipal Board approval was obtained after rather than prior to final passing
  3. 3 Whether s. 43 of The Ontario Municipal Board Act makes prior approval a condition precedent to validity

Ratio Decidendi

Although the amendment was a valid exercise of municipal zoning power and not in substance discriminatory, it was finally passed without the prior or contemporaneous approval of the Municipal Board as required by s.390(9) and, by virtue of s.43 of The Ontario Municipal Board Act, that prior approval was a condition precedent; therefore the amending by-law is a nullity and the appeal must be dismissed.

Court Disposition

Appeal dismissed; amending by-law declared null and void

Orders

  • Appeal dismissed with costs
  • By-law No. 7023 declared a nullity for lack of required prior Municipal Board approval