The moving party sought leave to appeal an Ontario Municipal Board (OMB) decision that required it to contribute to the maintenance and repair costs of a haul route in a neighbouring municipality as a condition of its quarry licence.
The moving party argued the OMB lacked jurisdiction under the Aggregate Resources Act, the Municipal Act, and related regulations to impose such a condition.
The Superior Court of Justice dismissed the motion for leave to appeal, finding that the OMB's interpretation of its home statutes and related legislation was reasonable and entitled to deference.