Stephen Bradley

The Legislative Assembly of Ontario sought leave to appeal an Ontario Municipal Board decision approving a residential development that would allegedly interfere with the public's view of the Legislative Building.

The Divisional Court applied the three-part test for leave to appeal and found that while the proposed appeal raised a question of law, there was no reason to doubt the correctness of the OMB's decision regarding the interpretation of the Official Plan and Secondary Plan.

The application for leave to appeal was dismissed with costs.

The City of Toronto and Kingsway Residents Against Poor Planning brought motions for leave to appeal an Ontario Municipal Board (OMB) decision approving a zoning by-law amendment for a seven/eight-storey development.

The applicants argued the Board erred in law by applying the repealed Etobicoke Official Plan rather than the City's in-force Official Plan, relying on the 'Clergy Principle'.

The Divisional Court dismissed the motions, finding the Board committed no error of law and properly exercised its discretion in weighing the evidence and applying the Clergy Principle.