The respondents applied to the City of Toronto for demolition permits.
After 19 months without a decision, they appealed to the Ontario Municipal Board.
The City argued the appeal was out of time under section 3 of the City of Toronto Act, 1985.
The Board found it had jurisdiction, concluding that the time limits conflicted with section 33(4) of the Planning Act.
The Divisional Court dismissed the City's appeal, finding no conflict between the statutes but holding that the time limit in section 3 was directory rather than mandatory, and that the appeal was filed in time.
