The applicant brought an application in the Divisional Court to quash two municipal by-laws relating to a zoning amendment and draft plan of subdivision.
Realizing the application should have been brought in the Superior Court of Justice, the applicant moved under s. 110 of the Courts of Justice Act to transfer the proceeding.
The court dismissed the motion, finding that while the application had procedural merit because the by-laws were passed while the matter was under appeal to the Ontario Land Tribunal, it lacked substantive merit.
The illegality was purely procedural, and transferring the matter would cause prejudice to the developer by delaying an ongoing project.
