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
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.
1The 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.
2As 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.
3At 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