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Appeal of zoning by-law amendment for affordable stacked townhouses dismissed; development found compatible and policy-compliant.
The appellants appealed the City of Cambridge's passing of a Zoning By-law Amendment that permitted the development of 24 affordable stacked townhouse units by Habitat for Humanity.
The appellants raised concerns regarding density, compatibility, and environmental impacts.
The Tribunal dismissed the appeal, finding based on uncontradicted expert planning evidence that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good land use planning.
The Tribunal also approved a technical amendment to the by-law.
The court ordered a phased transition to unsupervised access for a father with a prior sexual assault conviction, relying on an updated custody assessment indicating low risk.
This endorsement concerns a review of supervised access for a father with a criminal conviction for sexual assault, with a view to transitioning to unsupervised access.
The court considered an updated assessment report, which found the risk of harm to the children from the father to be very low.
Despite the mother's objections, the court ordered a cautious, phased transition to unsupervised access, along with immediate unsupervised phone, Skype, and email contact.
The parties were directed to return to court after several months for further review and implementation of a regular unsupervised schedule.
Custody Relief granted
The applicant sought leave to proceed with custody motions under the Child and Family Services Act and interim custody relief.
The respondent sought an adjournment, and her counsel moved to be removed from the record.
The court granted leave for the applicant's motions and adjourned the interim relief motion on terms that maintained the children's residence with the paternal grandmother, where they had been living for three years.
The court also granted the respondent's counsel's motion to be removed from the record.
The decision highlighted the parents' ongoing high-conflict dynamic and psychological issues, which negatively impacted the children's well-being.