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Motion for leave to appeal Ontario Land Tribunal decisions dismissed as issues lacked public importance.
The moving party sought leave to appeal several decisions of the Ontario Land Tribunal regarding a secondary plan and zoning bylaw, alleging breaches of procedural fairness.
The Divisional Court dismissed the motion for leave to appeal, finding that the proposed grounds did not raise questions of law of general or public importance.
The court noted that the Tribunal's procedural decisions, including limiting cross-examination and quashing summonses, fell within its statutory discretion to control its own process and did not demonstrate a reasonable apprehension of bias.
Action dismissed after 21-year delay deemed inordinate, inexcusable, and prejudicial.
The defendant law firm moved under Rule 24.01 of the Rules of Civil Procedure to dismiss a professional negligence and conflict of interest action for delay.
The action had been commenced in 1993 concerning legal advice provided in a 1987 building code appeal and alleged conflict arising from representation of another developer in 1990.
Over more than two decades the plaintiff repeatedly failed to move the case forward, delayed discoveries, postponed expert evidence for many years, and allowed significant periods of inactivity.
The court found the delay both inordinate and inexcusable and concluded that the presumption of prejudice to the defendant had not been rebutted.
The court also held the delay constituted an abuse of process under the court’s inherent jurisdiction.
