Amber Stewart

The appellants appealed a Divisional Court decision upholding the Ontario Municipal Board's finding that an amendment to the City of London's Official Plan (OPA 403) was valid.

The appellants argued that OPA 403 impermissibly delegated authority by making a separate guideline determinative in designating woodlands as significant.

The Court of Appeal dismissed the appeal, agreeing with the respondents that the Official Plan remains paramount and the City's discretion is not fettered by the guideline.

The moving parties brought a motion to set aside an order dismissing their application to extend the time to file a notice of appeal from a 2007 judgment.

The Court of Appeal found no error in the motion judge's finding that the moving parties failed to explain their two-year delay or their failure to appear before the original judge.

The motion was dismissed with costs.