The applicants sought leave to appeal a decision of the Ontario Municipal Board Chair, which dismissed their request for review of an earlier OMB decision regarding draft plan conditions for a subdivision.
The applicants argued the Chair erred in applying the public interest test to deny an extension of time, applied the wrong legal test to strike Charter arguments, failed to recognize Charter rights related to home ownership, and ignored new evidence about inconsistent slope setbacks.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness or reasonableness of the Chair's decision on any of the grounds raised.
