Dennis H. Wood

The appellant appealed an Ontario Municipal Board decision ordering him to pay costs personally, despite not being a party to the underlying zoning appeal.

The Board had found him to be the 'real litigant' behind a residents' association.

The Divisional Court allowed the appeal, finding the Board erred in principle by failing to articulate and apply the proper legal test for determining whether a non-party is a 'real litigant' using a 'straw man' to shield themselves from costs.

The costs order against the appellant was set aside.

The moving party sought leave to appeal a decision of the Ontario Municipal Board approving a subdivision plan, arguing it was denied natural justice because it did not receive notice of the hearing.

The moving party held an easement over land near the proposed subdivision but was not on the municipal tax roll.

The Divisional Court denied leave to appeal, finding that the Board followed its standard notice procedures and was not required to notify an easement holder it could not have known about.

The court also found no error in the Board Chair's refusal to review and re-open the decision.