The moving party brought a motion under s. 21(5) of the Courts of Justice Act to vary an order refusing leave to appeal a decision of the Ontario Municipal Board.
The Board had dismissed an appeal regarding minor variances.
The Divisional Court dismissed the motion, finding that the motions judge applied the correct test and did not decline jurisdiction.
The court awarded costs to the respondent but declined to order substantial indemnity costs despite the moving party's unfounded allegations of false evidence.
