Peter Pickfield

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.

The appellants appealed an order dismissing their application regarding a municipal meeting held on March 29, 2000.

The Court of Appeal upheld the lower court's finding that the meeting complied with the spirit and purpose of the Planning Act.

Any minor deficiencies were deemed de minimis.

The court declined to hear a new argument regarding the County's obligations under the Planning Act because it raised factual issues not explored below.

The appeal was dismissed with costs.