Antonio Dimilta

The moving party sought leave to appeal a decision of the Ontario Municipal Board (OMB) Chair dismissing their Request for Review of a Hearing Officer's decision.

The Hearing Officer had approved an Official Plan amendment allowing residential development on lands, parts of which were designated as a cultural heritage landscape.

The moving party argued the OMB erred by not giving deference to the factual findings of the Conservation Review Board (CRB) regarding the extent of the heritage landscape, raising issue estoppel and abuse of process.

The Divisional Court dismissed the motion for leave, finding no question of law, no good reason to doubt the correctness of the OMB decision, and that the matter was not of sufficient general importance.

The moving party sought a stay of an order compelling the sale of two properties pending an appeal.

The underlying application was brought under the Business Corporations Act to wind up a numbered corporation and compel the sale of the properties.

The court applied the three-part test for a stay pending appeal.

While finding there was a serious issue to be tried, the court concluded the moving party would not suffer irreparable harm and the balance of convenience did not favour granting the stay.

The motion for a stay was dismissed with costs.