Mark R. Flowers

The Town of Oakville sought leave to appeal an Ontario Municipal Board decision which found that ClubLink's planning applications to redevelop a golf course were complete as of the date they were originally submitted, rather than the date the Board ruled on their completeness.

The Town argued this interpretation deprived it of the statutory time period to consider the applications before an appeal right crystallized.

The Divisional Court denied leave to appeal, finding the Board's interpretation of the Planning Act was reasonable and consistent with the statutory scheme.

Furthermore, the court found the issue was virtually moot between the parties as the Town had already processed and refused the applications.

The moving parties sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) which denied their motion to dismiss the respondent's appeal without a hearing.

The moving parties argued that the OMB had improperly made final determinations on their defences of res judicata and laches.

The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's decision was interlocutory and merely determined that the issues were worthy of a full hearing, despite the OMB's reasons going further than necessary.

The moving party sought leave to appeal a decision of the Ontario Municipal Board that approved Official Plan and zoning by-law amendments permitting a mixed residential and commercial development on adjacent lands.

The moving party argued the Board erred in law by failing to apply the 2005 Provincial Policy Statement, exceeded its jurisdiction by extending the re-designation to intervening properties, and breached natural justice by refusing to admit late noise evidence.

The Divisional Court dismissed the motion, finding no good reason to doubt the correctness of the Board's decision on any point of law, and awarded costs to the responding parties.