2 total
OMB correctly determined it lacked jurisdiction to order a joint board due to statutory exemptions.
The appellants appealed a decision of the Ontario Municipal Board (OMB) refusing to order a joint board under the Consolidated Hearings Act (CHA) for a proposed golf course and residential development on the Oak Ridges Moraine.
The Divisional Court held that the OMB correctly determined it lacked jurisdiction to order a joint board because the potential hearings under the Ontario Water Resources Act were exempt under the applicable regulations.
Furthermore, the Court found that the OMB had the discretion under s. 24(2) of the CHA to refuse to order a joint board and made no error in exercising that discretion.
The appeal was dismissed.
Motion for leave to appeal OMB decision granting a rehearing dismissed.
The Town of Richmond Hill sought leave to appeal an Ontario Municipal Board (OMB) decision that granted a request to rehear part of a previous OMB decision.
The Town argued the Board made errors in its decision and misunderstood the issues.
The Divisional Court dismissed the motion, finding that the Board's errors were merely descriptive and did not indicate a misapprehension of the evidence or issues.
The Court also found no error in law in the Board's finding that the original panel misunderstood witness evidence.
