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Minor variances for new dwelling refused as proposed density and setbacks failed to respect neighbourhood character.
The applicant sought minor variances to demolish a bungalow and build a new two-storey dwelling, including significant variances for front yard setback and floor space index (FSI).
The Committee of Adjustment approved the variances, and the local residents' association appealed.
The Toronto Local Appeal Body allowed the appeal, finding that the proposed front yard setback and FSI of 0.522 did not respect or reinforce the prevailing physical character of the immediate neighbourhood block.
The panel preferred the appellant's planning evidence and concluded the variances failed the statutory tests under the Planning Act.
The court granted summary judgment dismissing a motor vehicle accident claim as statute-barred because the plaintiff's former counsel failed to name the correct defendant within two years of discovering the injuries met the statutory threshold.
The defendant brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle accident, arguing it was statute-barred.
The intervener, the plaintiff's former counsel, opposed the motion, while the plaintiff took no position.
The court determined that the limitation period began to run when the plaintiff's injuries could reasonably qualify as "permanent serious impairment" under the Insurance Act, which was found to be upon receipt of an independent medical examination report in November 2010, or at the latest, when the first statement of claim was issued in December 2011.
As the action against the correct defendant was commenced in December 2014, it was outside the two-year limitation period.
The defendant's motion for summary judgment was granted, dismissing the plaintiff's claim.
