Carolina Campos

The moving party, a heritage foundation, sought leave to appeal a decision of the Ontario Land Tribunal that granted zoning and Official Plan amendments to allow the construction of two high-rise buildings in downtown Kingston.

The moving party argued the Tribunal erred in law by failing to interpret the Official Plan as a whole and incorrectly interpreting specific compatibility criteria.

The Divisional Court dismissed the motion, finding that the Tribunal's balancing of the Official Plan's competing objectives of heritage preservation and urban intensification was a question of mixed fact and law, not an extricable error of law.

The applicant property owner brought a motion for leave to amend its notice of application regarding a disputed agreement of purchase and sale.

The proposed amendments sought to add a fixed closing date and to discharge a certificate of pending litigation (CPL) that the respondent developer had obtained in a separate action.

The court granted leave to add the fixed closing date, as the respondent alleged no prejudice.

However, the court refused leave to add the request to discharge the CPL, finding that the proposed amendment failed to disclose a reasonable cause of action and constituted an improper collateral attack on an order made in a separate proceeding.