The moving party sought leave to appeal a decision of the Ontario Land Tribunal that dismissed its motion for directions.
The moving party had argued that the Tribunal lacked jurisdiction to make a prior consent order regarding a zoning by-law amendment because the relevant 'bonusing regime' under the Planning Act had been repealed.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the Tribunal's decision, which had dismissed the motion on procedural grounds because it should have been brought as a request for review under Rule 25 of the Tribunal's Rules and was out of time.
