Matt Schuman

The appellant appealed the adoption of Official Plan Amendment No. 362 (OPA 362), which guides the revitalization of the Dufferin-Wilson Regeneration Area.

Following Tribunal-led mediation, the parties reached a settlement proposing modifications to OPA 362.

Relying on the uncontested land use planning evidence of the City Planner, the Tribunal found the modifications consistent with the Provincial Policy Statement, in conformity with the Growth Plan, and representative of good planning.

The appeal was allowed in part to approve the modified OPA 362.

The City of Toronto and its Clerk brought an application for declaratory relief regarding the coming into force of by-laws establishing a 47-ward structure for the 2018 municipal election and the resulting composition of city council.

The respondents had previously raised concerns about a potential 'legal vacuum' in their unsuccessful motion for leave to appeal an Ontario Municipal Board decision.

The Superior Court of Justice dismissed the application, declining to exercise its discretion to grant declaratory relief because there was no live legal dispute between the parties, affected voters had not been given notice, and the application effectively sought an inappropriate advisory opinion.

The moving parties sought leave to appeal an Ontario Municipal Board decision approving a 47-ward structure for the City of Toronto's municipal elections.

They argued the Board erred in law by failing to prioritize voter parity and by not requiring a corresponding by-law changing the composition of City Council.

The Divisional Court dismissed the motion, finding no reason to doubt the correctness of the Board's application of the Carter principles for effective representation.

The court held that the moving parties were improperly challenging findings of fact and that the Board lacked jurisdiction to determine council composition.