The applicant sought leave to appeal a decision of an Ontario Municipal Board Review Panel that ordered a rehearing of a property severance application.
The original Board had denied the severance due to concerns about water quality and phosphorous levels in Lake Waseosa.
The Review Panel ordered a rehearing, finding the original Board applied the wrong standard and failed to properly apply the precautionary principle.
The Divisional Court granted leave to appeal on three questions of law: whether the OMB's Rules apply to a s. 43 Review Panel decision, whether the Review Panel erred in finding the original Board applied the wrong test, and whether the Review Panel erred regarding the precautionary principle.
