The moving party sought leave to appeal a $10,000 costs award made against it by the Ontario Municipal Board for procedural non-compliance.
The moving party argued the Board erred by allowing an oral request for costs instead of a written one as required by the former Rule 100.
The Divisional Court extended the time to seek leave but dismissed the application, noting that the rule had since been amended to permit oral submissions, rendering the issue moot and not of public importance.
