Mark Robert Flowers

The moving parties sought leave to appeal a decision of the Ontario Municipal Board regarding a secondary plan.

The proposed appeal challenged the OMB's findings that active parkland and developer-dedicated parklands are not permitted in 'protected countryside' areas under the Greenbelt Plan, and its approval of a municipal policy to acquire such lands at minimal or no cost.

The Divisional Court dismissed the motion, finding that the OMB's determinations involved the interpretation of policy statements rather than questions of law, and were therefore not subject to appeal.

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.

The applicant developer sought judicial review of the Minister's ongoing planning process under the Ontario Planning Development Act, 1994, alleging improper limitations on the investigation stage and lack of meaningful public participation.

The Divisional Court quashed the application as premature, holding that judicial review should generally await the conclusion of administrative proceedings.

The court found no exceptional circumstances justifying intervention before the planning process was complete.