The appellant sought to enforce a settlement agreement between a developer and a municipality regarding public access to a woodlot, relying on section 86 of the Ontario Municipal Board Act.
The motion judge dismissed the motion, finding no legal obligation for the developer to permit access.
The Court of Appeal dismissed the appeal, holding that the appellant should have first sought relief from the Ontario Municipal Board, which has the expertise to interpret the settlement agreement and its own orders, rather than applying directly to the Superior Court.
