O. Kahane-Rapport

The applicants sought leave to appeal decisions of the Ontario Municipal Board that approved a development application.

The applicants argued the approval effectively down-zoned a neighbouring property by creating a key lot, without a rezoning application being before the Board.

The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the Board's jurisdiction to change zoning without following the procedures in the Planning Act, and concluding the issue was of sufficient importance to municipalities to warrant the attention of the full panel.

The applicants sought leave to appeal a decision of the Ontario Municipal Board (OMB) granting minor variances to the respondents to construct a new two-storey building.

The applicants argued the OMB erred in law by subsuming the four tests under s. 45(1) of the Planning Act into a single test of impact, failing to require a demonstrated need for the variances, misapprehending evidence regarding building length and height, and imposing an unenforceable condition on a rear balcony.

The Divisional Court found reason to doubt the correctness of the OMB's decision on these questions of law and granted leave to appeal.