Court File and Parties

CITATION: Histrop and Martin v. The Beaumont Trust et al, 2023 ONSC 1132
DIVISIONAL COURT FILE NO.: DC-21-1263-00

DATE: 20230215

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

Lindsay Histrop and Richard Martin.

Appellants

– and –

The Beaumont Trust, Andrew Rivkin, and The Town of Innisifl

Respondents

COUNSEL:

Raivo Uukkivi, for the Appellants

David Neligan and Timothy Hill, for the Respondents

HEARD: January 16, 2023

Endorsement

Edwards R.S.J.

[1] The motion for leave to appeal is dismissed. I am not satisfied that the proposed appeal from the decision of the Local Planning Appeal Tribunal, dated September 28, 2021 meets the three part test for granting leave.

[2] As reflected in Westhaver Boutique Residences Inv. v. Toronto 2020 ONSC 3949 (Div. Crt.) para. 2, this court does not ordinarily give reasons on a motion for leave to appeal.

[3] At the commencement of the leave to appeal application, counsel were in the agreement that if the respondents were successful that this court should fix costs in the amount of $10,000. In accordance with this agreement, I am ordering that the Moving Parties shall pay to the Respondents $10,000 for costs, which amount is all inclusive.

Edwards, RSJ.

Released: February 15, 2023