The moving party sought leave to appeal a decision of the Ontario Municipal Board approving a subdivision plan, arguing it was denied natural justice because it did not receive notice of the hearing.
The moving party held an easement over land near the proposed subdivision but was not on the municipal tax roll.
The Divisional Court denied leave to appeal, finding that the Board followed its standard notice procedures and was not required to notify an easement holder it could not have known about.
The court also found no error in the Board Chair's refusal to review and re-open the decision.
