P. DeMelo

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a residential development.

Prior to the hearing, the parties reached a settlement to phase the proceedings, separating a contested woodlot into a future phase.

The Tribunal converted the case management conference into a settlement hearing and, relying on uncontested expert planning evidence, allowed the appeals in part to approve the planning instruments for the first phase of the development.

The plaintiff developer and the municipality sought a permanent injunction against protesters occupying a residential development site and blocking public roads.

The court found the leader of the protesters in contempt for refusing to obey interlocutory injunctions and struck his pleadings, denying him further participation.

The court granted the permanent injunctions, finding the developer had good title, the protesters' self-help remedies and blockades were unlawful, and there was a serious risk of ongoing harm and violence.

The plaintiff developer sought a permanent injunction against protestors who occupied its lands and halted construction.

The self-proclaimed leader of the protestors, who was added as a defendant, openly defied previous interlocutory injunctions and stated his intention to continue doing so.

The court held that it was an abuse of process for a party to participate in proceedings while in flagrant contempt of court orders.

The court exercised its inherent jurisdiction to prohibit the defendant from further participation until he and his followers vacate the lands and comply with the court's orders.

The plaintiff developer and the municipality brought motions for interlocutory injunctions to remove protesters who had occupied a residential development site and blockaded public roads.

The protesters, asserting an indigenous land claim outside of the court process, did not participate in the proceedings.

The court applied the RJR-MacDonald test and granted the injunctions, finding serious issues to be tried, irreparable harm to the developer and the community, and that the balance of convenience favoured upholding the rule of law.

The City of Hamilton sought judicial review of a decision by the Mining and Lands Commissioner dismissing its appeal of a conservation authority levy apportioned by the Niagara Peninsula Conservation Authority.

Hamilton argued that the levy should only be calculated using the assessed value of lands within the conservation authority's jurisdiction, rather than the entire municipality's assessment base.

The Divisional Court applied a reasonableness standard of review and upheld the Commissioner's interpretation of the Conservation Authorities Act and Regulation 670, finding that the entire assessment base of the municipality is to be used in the calculation.

The application for judicial review was dismissed.

The moving party, Men's Fire, sought to be added as a party and to vary an interlocutory injunction that prevented interference with the plaintiff's archaeological assessments on its property.

The court added Men's Fire as a party on consent but dismissed the motion to vary the injunction.

The court found no evidence of an active land claim against the property, no failure by the plaintiff to comply with legislation, and no duty on the private landowner or the municipality to consult with the moving party under the circumstances.

The applicants sought leave to appeal an Ontario Municipal Board decision that set aside official plan amendments intended to permit estate residential development in rural areas.

The Board found the amendments did not conform to the provincial Growth Plan, which directs new multiple lots to settlement areas.

The Divisional Court denied leave to appeal, finding no reason to doubt the correctness of the Board's interpretation that the policy limits residential development in rural areas to three or fewer units.