The Town of Oakville sought leave to appeal an Ontario Municipal Board decision which found that ClubLink's planning applications to redevelop a golf course were complete as of the date they were originally submitted, rather than the date the Board ruled on their completeness.
The Town argued this interpretation deprived it of the statutory time period to consider the applications before an appeal right crystallized.
The Divisional Court denied leave to appeal, finding the Board's interpretation of the Planning Act was reasonable and consistent with the statutory scheme.
Furthermore, the court found the issue was virtually moot between the parties as the Town had already processed and refused the applications.