The moving party sought leave to appeal an Ontario Municipal Board decision that required it to contribute to the maintenance and repair of a haul route in a neighbouring municipality as a condition for an aggregate quarry licence.
The moving party argued the OMB lacked jurisdiction under the Aggregate Resources Act, the Municipal Act, and related regulations to impose such a condition.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's interpretation of its broad jurisdiction to impose conditions regarding haul routes was reasonable and entitled to deference.
