The appellants appealed an Ontario Municipal Board (OMB) decision approving official plan and zoning by-law amendments for a proposed limestone quarry.
The appellants argued the OMB breached procedural fairness during a partial re-hearing and misapprehended evidence regarding at-risk turtles and noise levels.
The Divisional Court dismissed these grounds, finding the appellants had consented to the re-hearing process and that the OMB's evidentiary findings were reasonable.
However, the Court granted the appeal on one issue, finding the OMB erred in law by proposing noise mitigation measures that might require access to private lands without evidence of feasibility, and remitted that issue to the OMB.
