The City of Thunder Bay sought leave to appeal a decision dismissing its motion for summary judgment against Ian Bodnar.
The underlying dispute concerned the validity of a Rural Access Road permit.
The motion judge had found that res judicata (issue estoppel) and abuse of process did not apply, as the Ontario Municipal Board (OMB) lacked jurisdiction to determine permit validity and its comments were obiter dicta.
The court, applying Rule 62.02(4) of the Rules of Civil Procedure, denied leave to appeal, finding no conflicting decision and no good reason to doubt the correctness of the motion judge's decision, nor that the matter was of general public importance.
