Issue: YBC Development appealed a decision by the Town of Torbay, which had approved other property developments. YBC argued these approvals could affect the water supply for its own project. However, YBC missed the 10-day deadline for filing its appeal.
Key Legal Issue: According to the Urban and Rural Planning Act, 2000, YBC was required to file its appeal within 10 days of receiving the adjudicator’s decision. YBC filed the appeal one day late.
Court's Decision: The court agreed with the Town of Torbay’s request to dismiss the appeal due to the late filing. The court ruled that it had no power to extend the filing deadline set by the statute.
Outcome: The court struck YBC’s notice of appeal. No order for costs was made.