The appellant municipality appealed a decision of the Ontario Municipal Board that granted nine minor variances for a mixed-use development.
The appellant argued the Board failed to conduct an independent analysis of the four-part test under s. 45(1) of the Planning Act, relied on irrelevant factors, and reversed the onus of proof.
The Divisional Court dismissed the appeal, finding the Board's decision was reasonable, transparent, and did not reverse the legal onus or rely on irrelevant factors.
