The City of Toronto appealed a decision of the Ontario Municipal Board (now LPAT) which adjourned the hearing of appeals regarding Official Plan Amendment 258 (OPA 258) until the City enacted a Development Permit System (DPS) by-law.
The City argued the Board lacked jurisdiction to effectively order the passage of a by-law and denied the City its statutory right to a hearing under the Planning Act.
The Divisional Court dismissed the appeal, finding the Board did not order the passage of a by-law but reasonably exercised its procedural discretion to adjourn the hearing to ensure it had the necessary evidence to properly assess the planning merits of OPA 258.
