The moving party sought leave to appeal a decision of the Ontario Land Tribunal that approved Official Plan and Zoning By-law amendments to permit a hot mix asphalt plant.
The moving party argued the Tribunal erred in law by stating the applications conformed with the 'purpose and intent' of the Growth Plan rather than strictly stating they 'conform with' it.
The Divisional Court dismissed the motion, finding that when read as a whole, the Tribunal correctly understood and applied the conformity test, and its phrasing was directly responsive to the evidence presented at the hearing.
