The appellants appealed an interlocutory decision of the Ontario Municipal Board denying their request to consolidate and hold a single joint hearing regarding a proposed development on the Oak Ridges Moraine.
On appeal, the respondent raised a new jurisdictional argument for the first time, asserting that certain regulations exempted the potential water hearings from consolidation.
The Divisional Court remitted the matter to a new panel of the OMB to consider the jurisdictional question with the benefit of a full factual context, and adjourned the appeal sine die.
