The moving party sought leave to appeal a review decision of the Chair of the Ontario Land Tribunal, which had set aside a previous tribunal decision and ordered a rehearing regarding a zoning by-law amendment that restricted cannabis and hemp cultivation.
The moving party argued the Chair breached procedural fairness by failing to provide notice or an opportunity to respond, and by raising a new ground of review.
The Divisional Court found that the review decision was a final order, not interlocutory, but dismissed the motion for leave to appeal.
The Court held that the Chair followed the established rules, the moving party had actual notice but chose not to respond, and the issues raised were not of sufficient general or public importance to merit an appeal.
