The applicants sought leave to appeal a decision of the Ontario Municipal Board, which had dismissed their appeal from a city council decision denying their proposed 91-lot residential development in a coastal wetland area.
The applicants alleged numerous errors of law, including the Board's application of the 2014 Provincial Policy Statement instead of the 2005 version, its interpretation of 'negative impacts' and 'limited residential development', and procedural fairness issues regarding the admission of expert evidence.
The Divisional Court dismissed the application for leave to appeal, finding that the Board correctly applied the 2014 PPS, reasonably interpreted the planning policies, and that any procedural errors regarding expert evidence did not meet the test for granting leave.
