The City of Toronto sought leave to appeal a decision of the Ontario Municipal Board (OMB) which found it had jurisdiction to determine whether site plan control applied to a proposed change of use for the respondent's property.
The Chief Building Official had refused a building permit on the basis that site plan control applied.
The Divisional Court granted leave to appeal, finding reason to doubt the correctness of the OMB's decision on a true question of jurisdiction, and noting the issue was of sufficient general importance.
