Appeal for demolition of fire-damaged heritage property dismissed; restoration costs not a valid consideration.
The applicant appealed the City's refusal of a demolition permit for the Robert McLaughlin House, a designated heritage property that had sustained fire damage.
The applicant argued that the property's structural condition rendered restoration financially and practically infeasible, and that requiring restoration would infringe on private property rights.
The Tribunal held that the costs of restoration are beyond its jurisdiction under section 34.1 of the Ontario Heritage Act, and that the physical condition of the property is only relevant in narrow exceptions which did not apply here.
The Tribunal found that the property continues to retain its cultural heritage value and interest, and that the proposed full demolition is inconsistent with the mandatory conservation policies of the Provincial Policy Statement and the City's Official Plan.
The appeal was dismissed.
OLTOntario Land TribunalApr 2, 2026
