The moving party sought leave to appeal a decision of the Ontario Municipal Board (OMB) which upheld a five-year moratorium on new country lot subdivisions in the City of Ottawa's Official Plan.
The OMB had found the moratorium was authorized under s. 16 of the Planning Act.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the OMB's interpretation, particularly given that s. 38 of the Planning Act specifically limits interim control by-laws prohibiting development to a maximum of two years.
