The applicant sought judicial review of an Ontario Municipal Board decision that dismissed parts of her appeal regarding a municipal Official Plan.
The Divisional Court dismissed the application on the basis that the applicant had an adequate alternative remedy.
Specifically, the applicant failed to request a review or rehearing under section 43 of the Ontario Municipal Board Act, which provides a statutory mechanism to address her claims of procedural unfairness.
The court noted that allowing the judicial review would undermine the legislative scheme, which requires leave to appeal Board decisions.
