The applicant sought leave to appeal an Ontario Municipal Board (OMB) decision dismissing its appeal against the City of Ottawa's Official Plan Amendment (OPA 77) without a hearing.
The applicant argued the OMB erred by reviewing evidence on the motion to dismiss, akin to a summary judgment motion, rather than assuming the facts in the notice of appeal were true.
The Divisional Court dismissed the motion for leave, finding the OMB's procedure was reasonable and necessary to screen out appeals with no chance of success.
The court also found no error in the OMB's conclusion that the applicant's environmental and storm water management concerns could not form a land use planning basis to refuse OPA 77 at this stage.
