The moving parties sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) which denied their motion to dismiss the respondent's appeal without a hearing.
The moving parties argued that the OMB had improperly made final determinations on their defences of res judicata and laches.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's decision was interlocutory and merely determined that the issues were worthy of a full hearing, despite the OMB's reasons going further than necessary.
