K. Franz

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.

The appellant appealed a Small Claims Court decision granting a non-suit and dismissing his claims for false arrest, unlawful search, and Charter breaches against the police.

The appellant had been arrested for possession of property obtained by crime after police observed him with multiple bicycles and parts late at night.

The Divisional Court dismissed the appeal, finding the trial judge correctly concluded that the appellant's own evidence established the police had reasonable and probable grounds for the arrest, meaning no prima facie case was made out.