The moving party municipality sought leave to appeal a decision of the Ontario Municipal Board (OMB) that allowed the responding party's appeal and directed a zoning by-law amendment to permit an agricultural accessory building.
The municipality argued the OMB erred in law by failing to dismiss the appeal without a hearing, improperly invalidating official plan designations, and misapplying provincial policy statements.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's decision was narrow, fact-specific, and did not raise questions of law of sufficient general or public importance to merit appellate review.
