F.F. Coburn

The applicant sought judicial review of the City of Markham's alleged decisions to plan and approve a four-lane collector road crossing protected Greenbelt lands.

The City argued the application was premature because the environmental assessment and planning processes were ongoing and no final location for the road had been determined.

The Divisional Court agreed, holding that absent exceptional circumstances, courts should not interfere with ongoing administrative processes until they are complete.

The application was dismissed as premature.

The applicants sought leave to appeal a decision of the Ontario Municipal Board (OMB) granting minor variances to the respondents to construct a new two-storey building.

The applicants argued the OMB erred in law by subsuming the four tests under s. 45(1) of the Planning Act into a single test of impact, failing to require a demonstrated need for the variances, misapprehending evidence regarding building length and height, and imposing an unenforceable condition on a rear balcony.

The Divisional Court found reason to doubt the correctness of the OMB's decision on these questions of law and granted leave to appeal.