Mr. Manett

The applicant sought a declaration that the proposed use of a property as a municipal shelter was not permitted under Toronto's zoning by-laws, arguing it was not a permitted use and that a proposed patio was prohibited.

The respondents asserted the matter should have been brought as an appeal under the Building Code Act, 1992, and that the intended use was permitted.

The court found the proceeding was properly an appeal of the chief building official's decision, not a Rule 14 application.

The court affirmed the chief building official's decision, finding no error in the determination that the shelter use was permitted and that the patio issue was premature as no final decision had been made on it.

The applicants sought leave to appeal a decision of the Ontario Municipal Board granting minor variances for a rear two-story addition to the respondents' neighbouring property.

The applicants argued that the Board failed to provide sufficient reasons regarding the third test for a minor variance, specifically whether the side yard variances maintained the general intent and purpose of the zoning bylaw.

The Divisional Court agreed, finding that the Board's failure to articulate its analysis on this mandated requirement constituted a fundamental flaw and an error of law.

Leave to appeal was granted, and costs were awarded to the applicants.