Chris Barnett

The moving party sought leave to appeal a decision of the Local Planning Appeal Tribunal (LPAT).

The Divisional Court denied the motion for leave to appeal.

Following established jurisprudence, the court declined to provide reasons for denying leave.

Costs were awarded to the responding parties in the total amount of $25,000.

The applicant school board sought judicial review to quash clauses 10(2)(i) and (ii) of O. Reg. 20/98 under the Education Act as ultra vires.

The impugned regulations restrict the availability of education development charges (EDCs) to circumstances where a school board does not have board-wide surplus capacity.

The applicant argued this undermined the purpose of the EDC regime, which is to ensure growth pays for growth.

The Divisional Court dismissed the application, finding the regulations were consistent with the statutory grant of authority and the broader scheme of the Education Act, which includes strict financial oversight and efficient use of education funds.

The applicant, a former Auditor General for the City of Oshawa, brought an application for judicial review seeking to quash a 2013 City Council resolution and expunge an investigator's report.

The application was commenced more than five years after the resolution was passed.

The Divisional Court dismissed the application for delay, finding the delay was lengthy, lacked a reasonable explanation, and caused prejudice to the City given the one-year statutory limitation period for quashing municipal resolutions.

The moving party municipality sought leave to appeal a decision of the Ontario Municipal Board that approved official plan and zoning bylaw amendments permitting a mixed-use high-density development.

The municipality argued the Board failed to have regard to its new official plan, exceeded its jurisdiction regarding community benefits, and provided inadequate reasons.

The Divisional Court dismissed the motion for leave to appeal, finding that the Board's decision on the applicable official plan and height issues were matters of fact or mixed fact and law entitled to deference.

The court also held that the Board did not impose community benefits and that its reasons were adequate and met the duty of procedural fairness.

On an appeal from an application judgment concerning a non-profit airport authority's refusal to appoint a municipal nominee as member and director, the court upheld the declaration that the board acted contrary to its by-law.

The appeal turned on whether the board had clear and unambiguous evidence that the nominee would not at all times act in the authority's best interests.

The court held that neither the nominee's cautious interview answers nor the board's adverse credibility finding based on his subsequent letter could reasonably satisfy that stringent anticipatory standard.

The board's rejection of the nomination therefore fell outside the scope of its authority under the by-law, and the appeal was dismissed with costs.