Lynda Townsend

The moving party municipality sought leave to appeal an Ontario Municipal Board (OMB) decision that ordered the return of $397,941 in disputed development charges to the respondent developer.

The developer had paid the development charges for two condominium towers based on the municipality's calculations before the building permits were issued, but the municipality later demanded additional charges for the second tower due to a phased rate increase.

The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's interpretation of the Development Charges Bylaw was reasonable and not open to substantial doubt, and that the case did not raise a point of law of sufficient general importance to warrant the court's attention.

The moving party sought leave to appeal an Ontario Municipal Board (OMB) decision that approved a zoning by-law amendment permitting a 12-storey condominium development on a dynamic beach.

The moving party argued the development site fell within the Dynamic Beach Hazard, where development is prohibited.

The OMB accepted expert engineering evidence from the respondents that proposed shoreline protection works would adequately protect the site and mark the landward limit of the hazard.

The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's preference for one expert's opinion over others was a finding of fact, not an error of law, and therefore did not meet the test for leave to appeal.

The Town of Oakville sought leave to appeal two decisions of the Ontario Municipal Board regarding heritage buildings.

The first decision rescinded an earlier order cross-appointing a Conservation Review Board member to the panel.

The court granted leave to appeal this decision, finding reason to doubt its correctness given the statutory provisions of the Ontario Heritage Act.

The second decision directed the Town to permit the relocation of two heritage buildings.

The court denied leave to appeal this decision, finding the Board committed no error of law in its assessment of conservation principles.