Karen McArthur

The Appellant appealed the Niagara Escarpment Commission's approval of a development permit for a wedding event venue on agricultural lands.

The Applicants brought a motion to dismiss the appeal without a hearing, arguing the issues had been previously litigated in multiple prior appeals.

The Hearing Office found that the requirements for res judicata and issue estoppel were met, as the issues had been previously decided or were outside its jurisdiction.

The Hearing Office concluded the appeal had no reasonable prospect of success, was frivolous and vexatious, and was not in the public interest.

The motion to dismiss was granted.

The Tribunal held a case management conference call to address the lead case designation in a group of applications challenging minor hockey residency rules.

The family of the previously designated lead applicant, CH.K., requested to withdraw from that role due to family medical matters.

Over the respondents' objections regarding prejudice, the Tribunal allowed the change and designated CO.K. as the new lead case, finding minimal prejudice since no hearing dates had been set and no documents exchanged.