Meaghan McDermid

The Town of Caledon sought a declaration that the respondents failed to comply with a consent order requiring removal of structures, trucks, trailers, and equipment from their property.

The respondents argued substantial compliance and requested more time.

The court interpreted the order as requiring removal of all such items, not just those associated with a transportation depot, and found the respondents in breach.

The respondents were given 60 days to comply, after which the Town may remove the items at the respondents’ expense.

The moving party sought leave to appeal a decision of the Ontario Municipal Board that dismissed its appeal of a Town's Official Plan Amendment without a hearing.

The Board had concluded it lacked jurisdiction under s. 17(50.1) of the Planning Act because the parts of the plan the moving party sought to modify were already in effect and were not dealt with in the Town Council's decision.

The Divisional Court found no reason to doubt the correctness of the Board's interpretation of the Planning Act or its decision to dismiss the appeal without a full hearing on the merits.

The application for leave to appeal was dismissed.