The Township of Clearview brought a motion for a stay pending appeal of an order requiring it to immediately issue a fill permit to the respondents.
The respondents had sought to build a noise and privacy berm on their property adjacent to an unregulated aerodrome.
The application judge had found the Township's requirement to verify obstacle limitation surfaces was ultra vires.
On the motion for a stay, the Court of Appeal applied the RJR-MacDonald test, finding that the appeal raised a serious question, the Township would suffer irreparable harm as the appeal would become moot if the permit issued, and the balance of convenience favoured the Township.
The motion for a stay was granted and the appeal expedited.
