Darrel Kloeze

Following a case management teleconference, the court issued directions regarding two related applications brought by the St. Lawrence Neighbourhood Association and the City of Toronto against Ontario concerning the demolition of heritage buildings.

Toronto sought an order requiring Ontario to produce a 'record of decision' prior to the hearing, arguing that the demolition involved a statutory power of decision.

The case management judge deferred this issue to the panel hearing the applications, noting that the panel could draw appropriate inferences or order further disclosure if necessary.

The applicant brought an urgent motion to stop the demolition of four industrial buildings with heritage designations under the Ontario Heritage Act.

The court found that the respondents likely began demolition by mistake, failing to comply with the Heritage Act and a subdivision agreement with the City of Toronto.

The court granted an interim order of prohibition under s. 4 of the Judicial Review Procedure Act to prevent the destruction of the buildings pending the final determination of the application by a panel of the Divisional Court.