Motion to dismiss appeal granted as notice of appeal lacked valid land use planning grounds.
The City of Toronto brought a motion to dismiss an appeal of a zoning by-law amendment that facilitated a mixed-use development with affordable housing.
The City argued the appeal should be dismissed without a hearing under section 34(25) of the Planning Act because it failed to disclose any valid land use planning grounds.
Relying on uncontroverted expert planning evidence, the Tribunal found that the proposed development was consistent with provincial policies and conformed to the Official Plan.
The Tribunal concluded the appellant's concerns lacked sufficient planning rationale and dismissed the appeal without a hearing.
OLTOntario Land TribunalNov 20, 2023
