Legal Non-Conforming Uses Under the Planning Act

The purpose of this paper is to provide an overview, with examples where helpful, of how the Ontario Municipal Board (the “Board”) and the Courts have interpreted and applied the wording of subsection 34(9). There will also be a brief discussion on subsection 34(10) of the Planning Act, which permits a municipality to pass a by-law permitting the extension or enlargement of the legal non-conforming use.

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