Timothea T. Leung

The applicant brought an application for judicial review and sought leave to appeal a decision of the Ontario Land Tribunal.

After the motion for leave to appeal was dismissed, the court issued a notice under Rule 2.1 of the Rules of Civil Procedure, noting the judicial review application appeared to raise the same issues.

The court found the application was an attempt to relitigate issues already decided and did not raise any factual errors outside the scope of the statutory appeal mechanism.

The application for judicial review was dismissed pursuant to Rule 2.1.01.

The moving party, a neighbourhood association, sought leave to appeal a decision of the Ontario Land Tribunal regarding a development application.

The Divisional Court dismissed the motion for leave to appeal without providing reasons, consistent with its usual practice.

On the issue of costs, the court rejected the moving party's argument that it was a public interest litigant, noting it was directly impacted by the development.

However, recognizing the association's lack of assets, the court reduced the requested costs of $32,272.16 and ordered the moving party to pay $10,000 to the responding developers.

The court also directed the Registrar to issue a notice under Rule 2.1 regarding the related application for judicial review.