89 Appeal To Supreme Court

• 89 (1) If a subdivision plan is rejected by the approving officer, or if the approving officer has failed within the time limit set out in section 85 to approve a subdivision plan, the subdivider may make an application in the nature of an appeal to the Supreme Court

• (a) within one month after receiving the approving officer’s rejection, or
• (b) if the subdivision plan has not been approved within the time limit set out in section 85, within one month after the expiration of that time.

• (2) The court may, on application made within the time limit for appeal under subsection (1) and on the terms it thinks proper, extend the time for appeal for a period not exceeding one month.
• (3) The application must be supported by an affidavit of the subdivider or the subdivider’s solicitor or agent, stating fully and fairly all the material facts of the case, and that to the best of the subdivider’s, solicitor’s or agent’s information, knowledge and belief all facts material to the application for approval have been fully and fairly disclosed.
• (4) The appellant must serve a copy of the application on the approving officer, together with copies of all material and exhibits proposed to be used on the hearing.
• (5) At least 10 days’ notice must be given of the time and place of hearing, and at that time and place all interested persons, whether or not served with the application, may appear and be heard.
• (6) The court may make any order it considers proper as to the notification of other persons of the hearing.
• (7) On the hearing of the application, the court may make any order

• (a) that the circumstances of the case require, including a direction that the approving officer approve the plan, if otherwise in order, and
• (b) with respect to the costs of the persons appearing on the hearing of the application as appears just.

• (8) If the approving officer is directed by the order to approve the plan, the approving officer must note on it “Approved under the Land Title Act pursuant to the order of ________, made ________”, with the date of approval, and must append the approving officer’s title below the approving officer’s signature in the manner provided in section 88.
• (9) This section applies to the nonapproval or refusal to grant approval of an application under section 101.

1979-219-89; 2023-10-455.