Stanley Makuch

The City of Oshawa appealed a decision of the Ontario Municipal Board (OMB) that repealed an interim control by-law prohibiting the establishment of methadone clinics in the Central Business District.

The by-law was passed following ratepayer resistance to the respondent's proposed clinic.

The OMB found no legitimate planning rationale for the by-law.

The Divisional Court dismissed the appeal, holding that the OMB had jurisdiction to determine the planning rationale and that its decision, reviewed on a standard of reasonableness, was supported by the evidence and established policies.

The moving party sought leave to appeal a decision of the Ontario Municipal Board that upheld the validity of the respondent municipality's interim control by-law.

The moving party argued that the municipality failed to meet the statutory requirements of section 38(1) of the Planning Act because it acted on staff advice that further planning studies were unnecessary.

The court found that the issue of compliance with section 38 gave rise to serious legal debate and granted leave to appeal under Rule 62.02(4)(b).

The appellants appealed an order dismissing their application regarding a municipal meeting held on March 29, 2000.

The Court of Appeal upheld the lower court's finding that the meeting complied with the spirit and purpose of the Planning Act.

Any minor deficiencies were deemed de minimis.

The court declined to hear a new argument regarding the County's obligations under the Planning Act because it raised factual issues not explored below.

The appeal was dismissed with costs.