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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):