Meghan Fougere

At a Case Management Conference, the United Counties of Stormont, Dundas and Glengarry brought a motion under s. 17(39)(b) of the Planning Act to bring into force and effect undisputed land use designations in its Comprehensive Official Plan across five townships.

The motion followed extensive discussions resolving appeals regarding the designation of lands as Agricultural Resource Lands versus Rural District.

The Tribunal accepted uncontroverted expert planning evidence that the revised mapping was consistent with the Provincial Policy Statement and represented good planning.

The Tribunal granted the motion, bringing the undisputed schedules into force.

The Tribunal also granted a motion for directions clarifying that an appellant's appeal sought an aggregate reserve designation rather than an agricultural one.

The appellant general contractor appealed an order reducing the security required to bond its construction liens off title from over $32 million to approximately $13.8 million.

The Divisional Court first determined it had jurisdiction to hear the appeal, holding that an order reducing lien security under section 44(2) of the Construction Lien Act is a final order, not interlocutory.

On the merits, the court upheld the motions judge's finding that the appellant improperly calculated its lien claim on a 'costs plus' basis despite having a fixed price contract.

The appeal was dismissed with costs awarded to the respondents.