Colin Chung

The applicant brought a motion in writing to vary the schedules attached to a 2021 Tribunal order that approved a draft plan of subdivision and zoning by-law amendment.

Based on the uncontested expert land use planning evidence, the Tribunal found that the revised schedules were consistent with provincial policies, conformed to the applicable official plans, and represented good planning.

The Tribunal granted the review request and replaced the original schedules with the revised versions.

The appellant purchased 51.5 acres of land from the respondents, with an agreement to use 'best efforts' to obtain a severance of a one-acre parcel containing the respondents' home.

The trial judge found the appellant breached this obligation and ordered specific performance.

On appeal, the appellant argued the trial judge made palpable and overriding errors in assessing the evidence and erred in awarding specific performance.

The Court of Appeal dismissed the appeal, finding the trial judge's factual conclusions were supported by the record and the award of specific performance was reasonable given the unique nature of the property.