The Town of Wasaga Beach brought a motion to dismiss an appeal by Achille Developments Ltd. concerning applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.
The Town argued the appeal had no reasonable prospect of success under section 19(1)(c) of the Ontario Land Tribunal Act because the Town Council passed a resolution categorically refusing to assume any public works or enter into development agreements for the proposed subdivision.
The Tribunal dismissed the motion, finding that a municipal resolution refusing to provide servicing does not automatically eliminate the reasonable prospect of success of an appeal on land use planning grounds, and the appellant is entitled to a full hearing on the merits.
