Jeffrey Wilker

The applicant Ministry sought leave to appeal a decision of the Ontario Municipal Board regarding the expansion of the urban boundary of the Town of Fort Erie.

The Board had found that a transitional regulation under the Places to Grow Act 2005 applied because a valid 'request' was made prior to June 16, 2006, even though supporting documentation was submitted later.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness or reasonableness of the Board's interpretation of 'request' or its factual findings.

The Niagara Escarpment Commission appealed an Ontario Municipal Board decision allowing a subdivision application to proceed to a hearing.

The central issue was whether the Board had jurisdiction under the Planning Act despite amendments to the Niagara Escarpment Planning and Development Act requiring a development permit before any development decision.

The Divisional Court allowed the appeal, finding the Board erred in law by failing to address the mandatory language of the amended legislation.

The Court further held that the respondent did not have a vested right to a hearing before the Board.