Motion to dismiss appeals denied; genuine land use planning grounds require a full hearing.
The moving parties brought a motion to dismiss the respondent's appeals regarding a proposed residential subdivision, arguing the appeals lacked apparent land use planning grounds and were premature due to insufficient technical information.
The respondent had appealed the moving parties' failure to make a decision on its draft plan of subdivision and zoning by-law amendment applications.
The Tribunal dismissed the motion, finding that the respondent's notices of appeal and supporting expert affidavits disclosed genuine, legitimate, and authentic land use planning grounds worthy of adjudication.
The Tribunal also held that prematurity under section 51(24) of the Planning Act is a matter to be determined at a full hearing on the merits, not on a motion to dismiss.
OLTOntario Land TribunalJul 6, 2022
