Barry Horosko

The moving party sought leave to appeal, which was dismissed on the basis of prematurity.

The successful respondents sought costs.

The moving party argued each party should bear its own costs due to the public interest and novelty of the issue.

The court rejected this argument, finding that the usual rule of costs following the event applied, especially since the motion was dismissed for prematurity.

The court awarded costs of $3,000 inclusive to the clients represented by Mr. Streisfield.

The Town of Richmond Hill sought leave to appeal a preliminary decision of the Ontario Municipal Board regarding the interpretation of parkland dedication provisions under the Planning Act.

The Town argued that the Board could not set an alternative park dedication rate in an Official Plan.

The Divisional Court dismissed the motion for leave to appeal, finding it premature.

The Court held that the issue was not a discrete threshold question and that granting leave would improperly fragment the ongoing Board proceedings.