The moving party, a residents association, sought leave to appeal a decision of the Local Planning Appeal Tribunal (LPAT) that dismissed its appeals against the City of Windsor's approval of an Official Plan Amendment and Zoning By-law Amendment.
The amendments facilitated the location of a new regional acute care hospital.
The moving party argued the LPAT erred in law regarding emergency services policies, First Nations consultation, climate change impacts, and the assessment of expert evidence.
The Divisional Court dismissed the motion, finding no reason to doubt the correctness of the LPAT's decision on any question of law.
The court also ordered the moving party to pay partial indemnity costs, despite recognizing it as a public interest litigant, because the motion lacked merit and it would be unfair to shift the costs to the municipal taxpayers and the hospital.
