The City of Toronto sought leave to appeal a decision of the Ontario Municipal Board that allowed a developer's application for minor variances to permit a retirement residence.
The City argued the application should have proceeded as a rezoning and Official Plan amendment, as the proposal changed the permitted use and significantly exceeded lot coverage and density limits.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the Board's legal interpretation of the minor variance test under section 45(1) of the Planning Act and its application of the Official Plan and Secondary Plan.
