The City of Thunder Bay brought a motion to dismiss an appeal by 24051124 Ontario Ltd. without a hearing.
The appellant had appealed a zoning by-law that placed a holding symbol on its property, arguing the by-law was inconsistent with provincial and municipal policies.
The City argued the appeal was premature because the Planning Act only permits appeals regarding holding symbols when a municipality refuses to remove them under s. 36(3).
The Tribunal found that an appeal under s. 34(19) can challenge the initial imposition of a holding provision.
Concluding that the appeal disclosed valid planning grounds and had a reasonable prospect of success, the Tribunal denied the City's motion to dismiss.
