The moving parties sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) regarding the validity of certain provisions of a City of Ottawa zoning by-law.
The OMB had found some provisions valid, some invalid, and sent others back to the City for reconsideration.
The Divisional Court dismissed the motion for leave to appeal, finding that while the issue was important and the standard of review was reasonableness, the appeal was premature because the final language of the by-law had not yet been settled by the City's reconsideration.
