2 total
Appeal of zoning by-law amendment dismissed without a hearing as highway setbacks are outside Tribunal jurisdiction.
The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a 48-storey mixed-use building.
The appellant argued that the by-law failed to establish appropriate setbacks from the adjacent highway corridor.
The Tribunal found that the required setbacks were under the exclusive jurisdiction of the Ministry of Transportation, and the appeal did not disclose any apparent land use planning ground upon which the Tribunal could allow the appeal.
The motion was granted and the appeal was dismissed without a hearing.
Civil action stayed to avoid duplication, but motion to stay concurrent environmental tribunal proceeding dismissed.
The defendants moved to stay a civil action and an Environmental Review Tribunal (ERT) proceeding, arguing that concurrent proceedings alongside an Ontario Court of Justice (OCJ) prosecution for by-law infractions would prejudice their right to a fair trial and against self-incrimination.
The court temporarily stayed the civil action to avoid duplicative proceedings, noting the plaintiff's undertaking not to seek double recovery.
However, the court dismissed the motion to stay the ERT proceeding, finding that existing statutory protections and undertaking rules were sufficient to protect the defendants' rights in the OCJ prosecution.
