Jacob S. Naidoo

The City of Toronto appealed a Committee of Adjustment decision granting a minor variance to permit a recreational use (basketball and pickleball courts) in an industrial condominium building zoned for heavy industrial employment uses.

The Tribunal accepted the uncontradicted expert planning evidence that the proposed temporary three-year use would not disrupt the long-term viability of the employment area and met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variance was approved subject to the three-year condition.