Motion to adjourn leave to appeal granted pending judicial review of the underlying tribunal decision.
The appellant sought to adjourn its motion for leave to appeal a decision of the Ontario Municipal Board.
The appellant discovered that a witness who testified at the Board hearing had previously made a presentation to Board members, prompting the appellant to commence an application for judicial review regarding procedural fairness.
The court granted the adjournment, noting that it would be an inefficient use of court resources to hear the leave to appeal motion when the underlying decision could potentially be declared a nullity through the judicial review application.
ODCDivisional CourtAug 29, 2013
