The moving party sought leave to appeal an Ontario Municipal Board (OMB) decision that approved a zoning by-law amendment permitting a 12-storey condominium development on a dynamic beach.
The moving party argued the development site fell within the Dynamic Beach Hazard, where development is prohibited.
The OMB accepted expert engineering evidence from the respondents that proposed shoreline protection works would adequately protect the site and mark the landward limit of the hazard.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's preference for one expert's opinion over others was a finding of fact, not an error of law, and therefore did not meet the test for leave to appeal.
