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Motions to be added as parties to liquor licence proceeding dismissed due to unexplained delay.
The University of Western Ontario and Muhammed K. Hamou brought motions to be added as parties to a liquor licence application proceeding involving 7-Eleven Canada Inc. The moving parties had failed to object to the application within the prescribed time limit.
The Tribunal dismissed the motions, finding that the moving parties failed to establish a significant interest, their concerns substantially overlapped with those of existing added parties, and they failed to provide a satisfactory explanation for their delay of over a year.
Appeal of municipal drain design dismissed; technical design found sound despite potential impact on trees.
The appellants appealed an engineer's report for a proposed municipal drain, arguing the design lacked a sufficient safety margin for flooding and would damage mature trees on their property line.
The Tribunal found the drain design was technically sound and adequate for a 100-year storm event.
While acknowledging the potential trauma to the trees, the Tribunal concluded the overall area would benefit from the drainage works and urged the municipality to address tree preservation and compensation in the subdivision agreement.
The appeal was dismissed, subject to minor modifications to the engineer's report regarding road elevations and maintenance.
