The applicant municipality sought leave to appeal a decision of the Ontario Municipal Board regarding development projects in a mixed industrial-residential area.
The Board had approved predominantly residential developments, rejecting the municipality's policy requiring a minimum non-residential component to preserve employment lands.
The Divisional Court granted leave to appeal, finding that the Board's failure to properly consider the Planning Act, Provincial Policy Statements, and the Official Plan raised questions of law of sufficient importance, and there was reason to doubt the correctness of the Board's decision.