The moving party sought leave to appeal a decision of the Ontario Municipal Board (OMB) that directed the municipality to repeal a site-specific zoning by-law amendment permitting the construction of a boathouse on a narrow waterway.
The moving party argued the OMB erred in its interpretation of the official plan, statutory interpretation principles, and the requirement to 'have regard to' the municipal council's decision under the Planning Act.
The Divisional Court applied the reasonableness standard of review and found no errors of law, concluding the OMB's decision was defensible and properly considered the planning evidence and council's decision.
The application for leave to appeal was dismissed.
