The appellants appealed a Divisional Court decision upholding the Ontario Municipal Board's finding that an amendment to the City of London's Official Plan (OPA 403) was valid.
The appellants argued that OPA 403 impermissibly delegated authority by making a separate guideline determinative in designating woodlands as significant.
The Court of Appeal dismissed the appeal, agreeing with the respondents that the Official Plan remains paramount and the City's discretion is not fettered by the guideline.
