5 total
Motion for leave to appeal Ontario Land Tribunal decision dismissed with no costs.
The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion for leave to appeal.
No costs were awarded as the responding party failed to file a costs outline.
Motion for leave to appeal Ontario Land Tribunal decision dismissed on jurisdictional grounds.
The moving parties brought a motion for leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion on jurisdictional grounds and awarded costs of $5,000 to the responding party.
Motion for leave to appeal Ontario Land Tribunal decision dismissed without costs.
The Divisional Court dismissed the motion for leave to appeal without costs.
Leave to appeal tribunal review decision denied; no breach of procedural fairness found.
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.
Motion to set aside registrar's dismissal of appeal denied due to lack of merit.
The self-represented moving party sought to set aside a registrar's order dismissing his appeal for failure to perfect it in a timely manner.
The underlying appeal was from a Master's decision refusing to set aside the dismissal of his wrongful prosecution action for delay.
Applying the factors from Paulson v. Cooper, the Divisional Court found that while there was an intention to appeal and no prejudice to the respondent, the appeal lacked any real chance of success on the merits.
The motion was dismissed with costs fixed at $500.
