The applicants sought leave to appeal a decision of the Ontario Municipal Board (OMB) dismissing their appeal of a Committee of Adjustment's decision to grant consents for a 40-year lease to construct a gas-fired power plant.
The applicants opposed the project due to anticipated job losses resulting from the closure of a nearby coal-fired plant.
The OMB dismissed the appeal without a hearing, finding that the job loss concerns related to the permitted use of the property as a power plant, not to the planning merits of the consents themselves.
The Divisional Court denied leave to appeal, holding that the OMB correctly determined the applicants' concerns were not relevant planning grounds for the consent application.
