The moving parties sought leave to appeal a decision of the Ontario Municipal Board regarding a secondary plan.
The proposed appeal challenged the OMB's findings that active parkland and developer-dedicated parklands are not permitted in 'protected countryside' areas under the Greenbelt Plan, and its approval of a municipal policy to acquire such lands at minimal or no cost.
The Divisional Court dismissed the motion, finding that the OMB's determinations involved the interpretation of policy statements rather than questions of law, and were therefore not subject to appeal.
