The City of Ottawa appealed an Ontario Municipal Board (OMB) decision that allowed an official plan amendment proposed by the respondent, which the City Council had previously refused.
The central issue was whether the OMB erred in law by failing to 'have regard to' the Council's decision under s. 2.1 of the Planning Act.
The Divisional Court held that the OMB is not required to apply a highly deferential standard of review to Council decisions, but must carefully scrutinize and consider them.
Finding that the OMB had properly analyzed and addressed each of the Council's reasons for refusal, the majority dismissed the appeal.
