The applicants, two municipalities, sought leave to appeal decisions of the Ontario Municipal Board that granted them party status but limited the evidence they could present regarding a proposed aggregate pit.
The Board restricted their evidence to the incremental impact of truck traffic on their roads, preventing them from comparing alternative haul routes.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the Board's decisions as the limitations effectively prevented the Board from considering mandatory statutory factors under the Aggregate Resources Act, thereby breaching the rules of natural justice and procedural fairness.
