The moving party sought leave to appeal a decision of the Ontario Land Tribunal that dismissed his appeal of a zoning by-law without a hearing.
The Tribunal had dismissed the appeal on the basis that it did not disclose any apparent land use planning ground and failed to explain how the by-law was inconsistent with provincial policy or the official plan.
The Divisional Court found that the Tribunal provided sufficient reasons and made no error of law in applying the test for dismissing an appeal without a hearing under the Planning Act.
The moving party had failed to provide responding affidavit evidence or expert planning opinions to support his appeal grounds before the Tribunal.
The motion for leave to appeal was dismissed with costs awarded to the respondents.
