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In This Volume

  • 293 (1) There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292.
  • (a) A person so aggrieved may, within twenty-one days after the receipt by him of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed:
  • (b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal:
  • (c) At least ten days’ notice shall be given of the time and place of hearing, and all parties interested may appear and be heard:
  • (d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not inconsistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit.
  • (2) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

1953-55-293; 1982-7-109, proclaimed effective September 7, 1982.