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Leave to Appeal

  1. Train v. Weir

    Location:

    Muskoka/Parry Sound/Haliburton


    Subject:

    Boathouses, Leave to Appeal, Shoreline Development


    Court:

    Ontario Superior Court of Justice


    Application/issue:

    Train moves under s. 96 of the Ontario Municipal Board Act, R.S.O. 1990, c. O.28 for leave to appeal the decision to the Divisional Court on a question of law. The original appeal was granted to Mr. Weir resulting in the Board declining the building of a boathouse by Mr. Train.


    Held:

    Leave to Appeal declined


    Reasons:

    The moving party has not satisfied the Court that the Board failed to adhere to the underlying principles in having regard to council’s decision. Therefore, the Court does not find that the Board’s application of the principle is open to substantial doubt as an error of law. The Court also finds that the argument of possible abuse of hearsay evidence is not something that would ordinarily meet the test for leave to appeal to the Divisional Court, and does not so in this instance.


    Document(s):



  2. The Corporation of the Town of Markham v. Gordon

    Location:

    Greater Golden Horseshoe


    Subject:

    Leave to Appeal, Minor Variances, Residential Development


    Court:

    Ontario Superior Court of Justice


    Application/issue:

    Town of Markham seeks leave to appeal to the decision of the Ontario Municipal Board to the Divisional Court. Ms. Gordon was successful in her appeal before the Board to demolish an existing building and garage and construct a new gothic revival brick two-storey dwelling with an attached two-car garage. The Town argues that there is reason to doubt the correctness of the Board’s position on the question of the law.


    Held:

    Leave to appeal denied


    Reasons:

    The Court is not satisfied that it is of sufficient importance to merit the attention of the Court. Further, the Court cannot conclude that there is reason to doubt the correctness of the Board’s decision, even if it were determined that a question of law was involved. The applicant has failed to satisfy the Court that there is reason to doubt the correctness of the decision for which leave is sought.


    Document(s):