Kelly Oksenberg

The applicant residents' associations sought leave to appeal a Local Planning Appeal Tribunal decision that approved a revised development proposal to demolish three houses and build a low-rise apartment in a Heritage Conservation District.

The applicants argued the tribunal made errors of law by deferring to the City's demolition approval under the Ontario Heritage Act, treating demolition as conservation, and failing to assign a higher heritage rating to one of the houses.

The Divisional Court dismissed the application, finding that the tribunal applied the correct legal tests and that the applicants' challenges were directed at findings of fact and mixed fact and law, which are not subject to appeal.

The City of Toronto issued a Notice of Intention to Designate the property at 276 Forest Hill Road under the Ontario Heritage Act.

The property owners objected, arguing the property did not meet the prescribed criteria and the designation was in bad faith.

The Conservation Review Board held a hearing to evaluate the property's cultural heritage value.

The Board found the property is a fine representative example of the Modern Georgian style and reflects the work of the significant architectural partnership of Allward and Gouinlock.

The Board recommended that City Council designate the property.

The Conservation Review Board issued a procedural order following a pre-hearing conference regarding an objection to a Notice of Intention to Designate a property under the Ontario Heritage Act.

The Board directed the parties to prepare an Agreed Statement of Facts and set the dates and procedural requirements for the upcoming hearing.