(45) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal may, on its own initiative or on the motion of any party, dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if any of the following apply:
1. The Tribunal is of the opinion that,
i. the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Tribunal,
ii. the appeal is not made in good faith or is frivolous or vexatious,
iii. the appeal is made only for the purpose of delay, or
iv. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process.
2. The appellant has not provided written reasons with respect to an appeal under subsection (24) or (36).
3. The appellant intends to argue a matter mentioned in subsection (25.1) or (37.1) but has not provided the explanations required by that subsection.
4. The appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017.
5. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 12, s. 3 (18).
An explanation of the grounds of appeal is required to be set out in a notice of appeal:
Section 4.6 of the Statutory Powers Procedure Act allows a tribunal to dismiss a proceeding without a hearing and prescribes notice and other requirements that must be met before a proceeding can be so dismissed.
O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act.
See s.34(25) for case law regarding the validity of an appeal regarding the required explanations in a Notice of Appeal.