The applicant residents' associations sought leave to appeal a Local Planning Appeal Tribunal decision that approved a revised development proposal to demolish three houses and build a low-rise apartment in a Heritage Conservation District.
The applicants argued the tribunal made errors of law by deferring to the City's demolition approval under the Ontario Heritage Act, treating demolition as conservation, and failing to assign a higher heritage rating to one of the houses.
The Divisional Court dismissed the application, finding that the tribunal applied the correct legal tests and that the applicants' challenges were directed at findings of fact and mixed fact and law, which are not subject to appeal.
