Controlled-access roads
97. (1) The Metropolitan Corporation may by by-law designate any metropolitan road, or any portion thereof, as a metropolitan controlled-access road. Closing municipal roads (2) Subject to the approval of the Municipal Board, the Metropolitan Corporation may by by-law close any municipal road that intersects or runs into a metropolitan controlled-access road. Notice of application for approval of closing road (3) The Municipal Board may direct that notice of any application for approval of the closing of a road under this section shall be given at such times, in such manner and to such persons as the Municipal Board may determine, and may further direct that particulars of claims in respect of land injuriously affected by the closing of the road shall be filed with the Municipal Board and the Metropolitan Corporation within such time as the Municipal Board shall direct. Claim, when not to be allowed (4) No claim by or on behalf of any person who has not filed the particulars of claim within the time directed by the Municipal Board shall be allowed except by leave of the Municipal Board. Order of Municipal Board (5) Upon the hearing of the application for approval of the closing of a road, the Municipal Board may make such order as it considers proper refusing its approval or granting its approval upon such terms and conditions as it considers proper, and any order of the Municipal Board approving of the closing of a road may contain provisions, (a) determining the portion or portions of the road that shall be closed; (b) providing that the approval shall be subject to the making of compensation to persons whose land is injuriously affected by the closing of the road, (i) by the payment by the Metropolitan Corporation to any of such persons of such damages as may be fixed by the Municipal Board, (ii) by the providing of another road for the use of any such persons, (iii) by the vesting of any portion of the road allowance so closed in any of such persons despite any other Act, and (iv) in such other manner as the Municipal Board considers proper; (c) providing for the payment of the costs of any person appearing on such application and fixing the amount of such costs; and (d) providing for the doing of such other acts as in the circumstances it considers proper. Closing road (6) Upon the approval of the Municipal Board being so obtained but subject to the provisions of the order of the Municipal Board made on the application for such approval, the Metropolitan Corporation may do all such acts as may be necessary to close the road in respect of which the application is made. Appeal to Divisional Court (7) Any person, including an area municipality, that has filed particulars of an objection or the Metropolitan Corporation may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (5). Time for appeal (8) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Municipal Board, subject to the rules of the court as to vacations. Leave to appeal (9) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court considers just. Practice and procedure on appeal (10) The practice and procedure as to the appeal and matters incidental thereto shall be in accordance with the rules of court, and the decision of the Divisional Court is final. s.96 of Ontario Municipal Board Act not to apply (11) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. M.62, s. 97.