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Motion for leave to appeal dismissed with no order as to costs.
The moving parties sought leave to appeal an order dated December 17, 2021.
The Divisional Court dismissed the motion for leave to appeal.
As no costs outlines were filed by the parties, the court made no order as to costs.
Municipalities have authority to impose health and safety conditions when granting condominium exemption applications.
The plaintiff developer built stacked townhouses and applied for a condominium exemption under the Condominium Act to bypass Planning Act requirements.
The City granted the exemption but imposed a condition prohibiting the units from being used as boarding or rooming houses.
The developer sued, arguing the City lacked authority to impose conditions and challenging barrier-free accessibility requirements.
The motion judge struck the condition but upheld the accessibility requirements.
On appeal, the Court of Appeal held that the City had broad authority under the Condominium Act and Municipal Act to impose conditions on exemption approvals to protect health and safety.
The developer's cross-appeal regarding accessibility requirements was dismissed as moot.
