The City of Sault Ste.
Marie brought a motion to dismiss an appeal filed by the appellant against a Zoning By-law Amendment.
The appellant had intended to appeal an Official Plan Amendment that removed a 30% affordable housing requirement, but failed to file the appeal within the statutory timeframe and incorrectly filed the appeal against the Zoning By-law Amendment instead.
The Ontario Land Tribunal granted the motion and dismissed the appeal without a hearing, finding that the notice of appeal did not disclose any apparent land use planning grounds and that the Tribunal lacked jurisdiction to grant relief from the mandatory statutory requirements of the Planning Act.
