The appellant landowner and the intervening tribunal appealed a Divisional Court decision that had set aside a review decision of the municipal tribunal concerning a ravine control by-law.
The Court of Appeal held that s. 43 of the Ontario Municipal Board Act confers broad review authority, including the power to reconsider and substitute a prior decision, and that the tribunal's internal “manifest error” guideline did not narrow the statute.
The court further held that the review panel acted within jurisdiction in applying longstanding planning policy against effectively sterilizing privately owned land without acquisition or compelling justification.
It also rejected the argument that an express finding of conformity with the official plan under s. 24 of the Planning Act was required.
