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Tribunal schedules motion hearing to determine validity of appeals against zoning by-law amendment.
The Tribunal convened a Case Management Conference regarding appeals against a zoning by-law amendment that updated minimum lot areas for a plan of subdivision.
The Agnew Lake Property Group, granted party status, suggested the appeals did not clearly set out objections and reasons as required by the Planning Act and indicated an intent to bring a motion to dismiss.
The Tribunal scheduled a motion hearing to determine the validity of the appeals.
Court allowed trial record filing on existing pleadings before lien deadline.
In a construction lien proceeding, the moving party sought to set the action down for trial on the existing pleadings before expiry of the statutory deadline under section 37.
The responding party objected, arguing the proposal would improperly extend time and delay the action.
The court distinguished prior authority and found the procedural history showed active steps had been taken to advance the matter within time.
The court held the objection sought an unwarranted tactical advantage and accepted the proposed without-prejudice filing approach pending rulings on the motion and cross-motion.
