The appellant applied for a declaration that the City of Toronto was deemed to have consented to the demolition of three heritage buildings because it failed to decide the application within the 90-day period under s. 34(2) of the Ontario Heritage Act.
The application judge dismissed the application, finding the parties had agreed to extend the time period.
The Court of Appeal dismissed the appeal, holding that the application judge's conclusion was reasonable and entitled to deference, as the appellant's communications indicated a willingness to wait for the City's decision.
