The moving party sought leave to appeal a decision of the Ontario Municipal Board that excluded his lands from the expansion of the urban boundary of the City of Ottawa.
He argued the Board erred in law by imposing an additional noise study condition, accepting the City's noise expert evidence, and awarding zero points for distance to a mixed-use centre.
The Divisional Court dismissed the motion for leave to appeal, finding that the Board's determinations were findings of fact or mixed fact and law, and there was no reason to doubt the correctness or reasonableness of the Board's decision.
