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Application for judicial review of bifurcated Tribunal decision dismissed as premature pending final resolution.
The applicant Town sought judicial review of an Ontario Land Tribunal decision finding that a proposed cemetery was in the public interest under the Funeral, Burial and Cremation Services Act, 2002.
The Tribunal had bifurcated the hearing, leaving the related site plan appeal under the Planning Act to be determined separately.
The Divisional Court dismissed the application for judicial review as premature, holding that the Tribunal's process was not complete and that courts should not interfere in ongoing administrative proceedings absent exceptional circumstances.
Motion for leave to appeal Ontario Land Tribunal decision granted with costs fixed at $5,000.
The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court allowed the motion for leave to appeal and fixed costs in the amount of $5,000, with entitlement to be determined by the panel hearing the appeal.
