The moving party, a heritage foundation, sought leave to appeal a decision of the Ontario Land Tribunal that granted zoning and Official Plan amendments to allow the construction of two high-rise buildings in downtown Kingston.
The moving party argued the Tribunal erred in law by failing to interpret the Official Plan as a whole and incorrectly interpreting specific compatibility criteria.
The Divisional Court dismissed the motion, finding that the Tribunal's balancing of the Official Plan's competing objectives of heritage preservation and urban intensification was a question of mixed fact and law, not an extricable error of law.
