The applicant sought judicial review of an Ontario Land Tribunal decision that allowed the withdrawal of a draft plan of subdivision appeal by a neighboring developer.
The applicant argued that the withdrawal, which occurred on the eve of the hearing, breached its right to procedural fairness by preventing it from arguing for a cost-sharing condition.
The Divisional Court declined to exercise its discretion to hear the judicial review application, finding that the issue of procedural fairness is a question of law that should be addressed through the statutory appeal mechanism requiring leave under the Ontario Land Tribunal Act.
In the alternative, the court found no breach of procedural fairness, as the withdrawal of the appeal was expressly contemplated by the Planning Act and the Tribunal lacked jurisdiction to compel private parties to enter into a cost-sharing agreement.
