May 24, 2017
BURLINGTON, ON
City of Burlington loses the Appeal case that the Air Park made to the Ontario Court of Appeals. The matter of what the city will now do with its requirement that the Air Park file a site plan is is something the city is going to have to think through.
The Appeal was made by the Air Park. This is the first of numerous court cases that the city has lost in this matter.
What does it mean and what, if anything, will the city do next?
One council member is reported to have said that if the city loses the Appeal they will not attempt to take the case to the Supreme Court of Canada.

If the city hung its hat on the legality of enforcing a new bylaw retroactively, then it needed much more than a wing (pun intended) and a prayer to sway the judges on this one. The time to act was in 2008, not 2014. Major fail.
Absolutely agree. Where is the City’s Legal Department on this? On a number of issues lately (Airpark, ADI OMB appeal etc.) Legal has been asleep or worse.