Sunny Zhai

The moving party sought leave to appeal a decision of the Local Planning Appeal Tribunal (LPAT) regarding the applicable legislative and policy framework for a subdivision development proposal.

The LPAT had determined that the current policy regime applied, relying on the retroactive application of s. 22.1 of the Planning Act to establish the request date.

The Divisional Court dismissed the motion for leave to appeal, finding that the LPAT's determination involved questions of mixed fact and law, and that the issues raised were not of sufficient general or public importance to warrant the court's attention.

The moving party, an outdoor recreational alliance, sought leave to appeal its convictions under the Public Lands Act and the Fish and Wildlife Conservation Act arising from a public protest where members cleared a decommissioned road on Crown land.

The Court of Appeal dismissed the motion for leave to appeal, finding that the proposed grounds of appeal did not raise questions of law alone, nor were they essential in the public interest or for the due administration of justice as required by section 131 of the Provincial Offences Act.