The moving party municipality sought leave to appeal a decision of the Ontario Municipal Board that approved official plan and zoning bylaw amendments permitting a mixed-use high-density development.
The municipality argued the Board failed to have regard to its new official plan, exceeded its jurisdiction regarding community benefits, and provided inadequate reasons.
The Divisional Court dismissed the motion for leave to appeal, finding that the Board's decision on the applicable official plan and height issues were matters of fact or mixed fact and law entitled to deference.
The court also held that the Board did not impose community benefits and that its reasons were adequate and met the duty of procedural fairness.
