The City of Ottawa sought leave to appeal a decision of the Ontario Municipal Board regarding Official Plan Amendment No. 117.
The City argued the Board erred in law by concluding that an Official Plan cannot be specific with respect to performance standards, such as height limits, and by failing to consider the evidence of the City's witnesses.
The Divisional Court dismissed the motion, finding that the Board's decision to prefer flexible policies over prescriptive wording in this specific context was reasonable and within its jurisdiction.
The Court also found no error in the Board's treatment of the evidence.