Andrew Stikuts

The moving party brought a motion pursuant to Rule 59.06 to set aside a previous order of the Court of Appeal.

The court found the motion had no merit, declined to grant an oral hearing, and dismissed the motion.

The court also ordered that the moving party may not file any further documents or communicate with court staff regarding the appeal.

The City of Toronto brought a motion to quash an application for judicial review regarding the cancellation of an off-leash dog park designation at Ledbury Park.

The City argued the cancellation was an administrative or political decision not subject to judicial review.

The Divisional Court dismissed the motion to quash, finding that the cancellation of the off-leash designation affected the legal rights, privileges, and immunities of dog owners, and therefore constituted the exercise of a statutory power of decision under the Judicial Review Procedure Act.

The City of Toronto appealed a decision of the Ontario Municipal Board that permitted the respondent to convert a 20-storey affordable rental apartment building into a condominium.

The Divisional Court found that the Board applied the wrong legal test by merely 'having regard to' the Provincial Policy Statement 2005 instead of ensuring its decision was 'consistent with' it, as required by the Planning Act.

Furthermore, the Board failed to properly consider the specific mandatory criteria in the City's Official Plan regarding condominium conversions and the health of the rental housing market.

The appeal was allowed, the Board's decision was set aside, and the matter was remitted for a new hearing.