The moving party sought leave to appeal an Ontario Municipal Board (OMB) decision that approved ten minor variances for the responding parties' proposed home construction.
The moving party, a neighbour who had 'participant' status at the OMB hearing, argued the OMB's reasons were insufficient and failed to demonstrate it grappled with the issues.
The Divisional Court dismissed the motion, finding the OMB's reasons were sufficient given the brief, uncontested expert evidence presented at the hearing.
In obiter, the court noted that a 'participant' at an OMB hearing likely lacks standing to seek leave to appeal.
