Mary Bull

The applicants, two municipalities, sought leave to appeal decisions of the Ontario Municipal Board that granted them party status but limited the evidence they could present regarding a proposed aggregate pit.

The Board restricted their evidence to the incremental impact of truck traffic on their roads, preventing them from comparing alternative haul routes.

The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the Board's decisions as the limitations effectively prevented the Board from considering mandatory statutory factors under the Aggregate Resources Act, thereby breaching the rules of natural justice and procedural fairness.

The applicant sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) which allowed the respondent developer to amend conditions of a 1996 zoning approval for a trailer park.

The applicant argued the OMB failed to properly apply Rule 106 of its Rules of Practice and Procedure by not reopening the entire hearing after 20 years had passed.

The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's interpretation of its own procedural rules was reasonable, the decision was based on evidence, and the matter did not raise a question of law of sufficient general or public importance.

The Niagara Escarpment Commission applied for judicial review of a Joint Board decision granting conditional approval to Walker Aggregates Inc. to develop a quarry in the Niagara Escarpment Plan area.

The applicant argued the Board failed to properly apply the Niagara Escarpment Plan, improperly delegated approval of an Adaptive Management Plan to the Minister of Natural Resources, and erred in assessing noise impacts.

The Divisional Court dismissed the application, finding the Board's decision reasonable, as it correctly applied the relevant planning documents, did not improperly delegate its authority, and reasonably assessed environmental and noise impacts.