Artemesia Waters Ltd. v. Grey Association for Better Planning

Artemesia Waters Ltd. v. Grey Association for Better Planning

The court allowed the Municipality to be added because it was an original party at the OMB and has an immediate, potentially binding interest in the municipal planning and zoning issues; addition would not delay or prejudice the appellant given joint representation and agreed procedural limits, and the Municipality...

Source-derived case information.

Citation
C39869, M30321
Parties
Appellant (responding Party): Artemesia Waters Ltd.; Appellant (responding Party): Douglas Hatch in Trust; Respondent (moving Party): Grey Association for Better Planning; Intervenor (moved to Be Added as Party/respondent): Municipality of Grey Highlands
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 September 2003
Procedural Posture
Civil / Motion to Intervene in Appeal Pending Before the Court of Appeal (leave to Appeal Granted)
Outcome
Municipality of Grey Highlands added as a party/respondent to the appeal; no costs awarded for the motion.
Legal Topics
Intervention, Standing, Municipal Planning, Zoning, Permit to Take Water
Source Language
english
Administrative Law Municipal Law Environmental Law Civil Procedure Intervention Standing Municipal Planning Zoning +1 more

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Parties

Artemesia Waters Ltd.

Appellant (responding Party)

Douglas Hatch in Trust

Appellant (responding Party)

Grey Association for Better Planning

Respondent (moving Party)

Municipality of Grey Highlands

Intervenor (moved to Be Added as Party/respondent)

Procedural Posture

Civil / Motion to Intervene in Appeal Pending Before the Court of Appeal (leave to Appeal Granted)

Legal Issues

  1. 1 Whether the Municipality may be added as a party/intervener in this appeal
  2. 2 Whether addition of the Municipality would delay or prejudice the appellant
  3. 3 Whether the Municipality has immediate interest and standing due to prior participation at the OMB level

Ratio Decidendi

The court allowed the Municipality to be added because it was an original party at the OMB and has an immediate, potentially binding interest in the municipal planning and zoning issues; addition would not delay or prejudice the appellant given joint representation and agreed procedural limits, and the Municipality consented to be subject to costs and to be bound by the decision.

Court Disposition

Municipality of Grey Highlands added as a party/respondent to the appeal; no costs awarded for the motion.

Orders

  • Add Municipality of Grey Highlands as party/respondent to the appeal
  • No costs of this motion