Joel D. Farber

The moving party sought leave to appeal a decision of the Ontario Municipal Board that denied it party status in a site plan appeal.

The moving party argued it was denied natural justice and that the Board applied the wrong test for standing.

The Divisional Court dismissed the motion, finding that the site plan process does not determine the rights of neighbouring property owners, and thus there was no denial of natural justice.

The Court also held that the Board properly exercised its discretion over its own procedure in determining that the municipality could adequately protect the public interest.

The plaintiffs sought an interlocutory injunction against the defendant, who had purchased their business and assets.

The court applied the RJR MacDonald test and found that the plaintiffs failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured granting the injunction.

The court noted the plaintiffs' delay and petulant interference in the defendant's affairs.

The motion was dismissed, with costs awarded to the defendant on a partial indemnity scale.