The City of Toronto sought leave to appeal a decision of the Vice-Chair of the Ontario Municipal Board, which refused to order a rehearing of a decision granting approval for a mixed-use development on lands designated as 'Employment Areas'.
The City argued the Board erred in law by allowing the conversion without a municipal comprehensive review, contrary to the Growth Plan.
The Divisional Court denied leave to appeal, finding that the Board's interpretation—that the lands were not within 'Employment Districts' and thus not subject to the conversion protection—was reasonable and consistent with the City's own by-laws.
