Marshall Green

The applicant sought judicial review of a decision by the Minister of Municipal Affairs and Housing to adopt a transitional regulation exempting a proposed waste management facility from the natural heritage policies of the 2019 Growth Plan.

The applicant also sought to quash a Local Planning Appeal Tribunal (LPAT) decision that struck its appeal issues based on this regulation.

The Divisional Court held that the Minister exceeded his authority under s. 19(1)(d) of the Places to Grow Act, 2005, as the regulation did not address a genuine transitional matter but rather granted an exemption to key policies adopted by the Lieutenant Governor in Council.

The regulation was declared ultra vires, and the LPAT decision was set aside and remitted.

The moving party sought leave to appeal an Ontario Municipal Board (OMB) decision that required it to contribute to the maintenance and repair costs of a haul route in a neighbouring municipality as a condition of its quarry licence.

The moving party argued the OMB lacked jurisdiction under the Aggregate Resources Act, the Municipal Act, and related regulations to impose such a condition.

The Superior Court of Justice dismissed the motion for leave to appeal, finding that the OMB's interpretation of its home statutes and related legislation was reasonable and entitled to deference.

The moving party sought leave to appeal an Ontario Municipal Board decision that required it to contribute to the maintenance and repair of a haul route in a neighbouring municipality as a condition for an aggregate quarry licence.

The moving party argued the OMB lacked jurisdiction under the Aggregate Resources Act, the Municipal Act, and related regulations to impose such a condition.

The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's interpretation of its broad jurisdiction to impose conditions regarding haul routes was reasonable and entitled to deference.

The appellants appealed a Superior Court decision that rescinded a building permit issued by the Chief Building Official (CBO) for the construction of a riding arena on a property in the Oak Ridges Moraine.

The appeal judge had found that the arena was not a permitted agricultural use under the zoning by-law and that the CBO failed to consider the Official Plan's major development policies.

The Divisional Court allowed the appeal, holding that the appeal judge erred by applying a correctness standard instead of reasonableness to the CBO's interpretation of the home by-law.

The Court found the CBO's conclusion that the arena was a permitted principal agricultural building was reasonable and correct.

Furthermore, the Court held that conformity with the Official Plan is not 'other applicable law' under the Building Code Act that would justify refusing a permit.