Conservation Authority Can’t Deny Permit without a Hearing. In this case, the Halton Region Conservation Authority (the “Authority”), voided a permit that would have allowed a homeowner to build an addition on their house. The problem, however, is that the Authority took this action without a hearing. The Divisional Court gave the homeowners some reprieve by quashing the Authority’s decision on the grounds that the governing legislation gives the “Authority the power to cancel a permit, provides that permit holders are entitled to notice and a show cause hearing before a permit can be cancelled. The Regulation does not give the Authority the power to declare a permit “void” without a hearing. The Authority’s decision voiding the permit was both unreasonable and procedurally unfair.”
But whether this reprieve is long lasting or short, is yet to be seen. The homeowners wanted an order that the Authority be forever banned from interfering further, but the Court was not prepared to go that far. As such, the battle between the homeowner and the Authority is likely to continue: but this time with a properly constituted “show-cause” hearing.
Rudyk v. Halton Region Conservation Authority, 2022 ONSC 518
https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc518/2022onsc518.html