Tim Smith

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a mixed-use redevelopment on the northern portion of the Dufferin Mall site.

The parties reached a settlement that expanded the Official Plan Amendment to establish a comprehensive planning framework for the entire property.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal conformed to the Official Plan and represented good planning.

The appeals were allowed in part, and the amendments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The City of Ottawa sought leave to appeal a decision of the Ontario Municipal Board regarding Official Plan Amendment No. 117.

The City argued the Board erred in law by concluding that an Official Plan cannot be specific with respect to performance standards, such as height limits, and by failing to consider the evidence of the City's witnesses.

The Divisional Court dismissed the motion, finding that the Board's decision to prefer flexible policies over prescriptive wording in this specific context was reasonable and within its jurisdiction.

The Court also found no error in the Board's treatment of the evidence.