The City of Toronto appealed a decision of the Local Planning Appeal Tribunal (LPAT) that approved a zoning by-law amendment to permit a 14-storey hotel, which required the demolition of two buildings designated by the City under the Ontario Heritage Act.
The LPAT, acting exclusively under the Planning Act, found the buildings had no cultural heritage value and approved the rezoning conditional on the developer obtaining a demolition permit.
The Divisional Court allowed the appeal, holding that the LPAT exceeded its jurisdiction by impugning the legality of the City's heritage designation under the Ontario Heritage Act while purporting to exercise powers exclusively under the Planning Act.
