Mark Robert Flowers

The applicant municipality sought a declaration that a developer had no right of appeal to the Ontario Municipal Board from council’s refusal to approve an official plan amendment redesignating employment lands to mixed use areas.

The court considered whether it should determine the jurisdictional issue or defer to the tribunal.

The court held that although it possessed concurrent jurisdiction, the tribunal had broader expertise in interpreting official plans and planning legislation.

The court therefore declined jurisdiction and dismissed the application, finding the tribunal to be the more appropriate forum to determine the appeal rights under the Planning Act.

The City of Toronto sought leave to appeal a decision of the Vice-Chair of the Ontario Municipal Board, which refused to order a rehearing of a decision granting approval for a mixed-use development on lands designated as 'Employment Areas'.

The City argued the Board erred in law by allowing the conversion without a municipal comprehensive review, contrary to the Growth Plan.

The Divisional Court denied leave to appeal, finding that the Board's interpretation—that the lands were not within 'Employment Districts' and thus not subject to the conversion protection—was reasonable and consistent with the City's own by-laws.

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 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.