The applicants sought leave to appeal two Ontario Municipal Board (OMB) decisions refusing an Official Plan and zoning bylaw amendment for a retail development on formerly industrial lands.
The applicants argued the OMB erred in law by applying a 1994 Official Plan policy to lands that had been redesignated as 'employment areas' under the 2002 Official Plan.
The Divisional Court denied leave to appeal, finding no reason to doubt the legal correctness of the OMB's policy-based decision, which reasonably interpreted the Official Plan and assessed the impact of 'retail contagion' on surrounding lands.
