The Niagara Escarpment Commission sought leave to appeal a decision of the Ontario Municipal Board (OMB) to the Divisional Court.
The OMB had dismissed a joint motion to dismiss a draft plan of subdivision without a hearing, finding it had jurisdiction despite amendments to the Niagara Escarpment Planning and Development Act.
The Divisional Court granted leave to appeal, finding reason to doubt the correctness of the OMB's decision because it failed to apply principles of statutory interpretation regarding vested rights and jurisdiction.
The court also found the issue of the OMB's jurisdiction in light of collateral statutory amendments to be of sufficient public importance.
