LAW 603 Lecture Notes - Lecture 21: Convenience Store
28 Feb 2017
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The problems arising relate not only to the decision itself but also to the notice given and the adequacy thereof prior to the hearing. The respondent, ivanhoe corporation, is the owner of two parcels of land in the city of london, one of which i will refer to as the inner parcel and one as the outer parcel. The inner parcel is one zoned for a shopping centre; the outer parcel has a different zoning called development which is designed to prevent the use of such lands without rezoning. The committee of adjustment purporting to follow the provisions of the planning act, r. s. o. 1970, c. 349: 42(5), and the regulations served notice upon assessed owners within 200 ft. of the limits of the inner parcel. Section 42(5) of the planning act provides that: 42(5) the committee, before hearing an application, shall give notice thereof in such manner and to such persons as the committee considers proper.
