Matt Armstrong

The moving party brought a motion in writing for an order to bring parts of Zoning By-law 595-2022 into force.

Based on the uncontroverted land use planning evidence and the consent of the parties, the Ontario Land Tribunal ordered that the by-law is deemed to have come into force on the day it was passed, save and except for specific properties that remain under appeal.

The appellants appealed the City of Toronto's approval of a zoning by-law amendment to permit a three-storey supportive housing apartment building for people leaving homelessness on a site currently occupied by a seniors' apartment building.

The appellants argued the new development would be incompatible with the existing seniors' residence and sought to restrict the new building's occupancy to senior citizens.

The Tribunal found that the proposed development was compatible with the existing building and that restricting occupancy by age would be inconsistent with the Provincial Policy Statement and human rights principles.

The appeals were dismissed.