Court File and Parties
CITATION: Toronto v. 445 Adelaide Street West, 2021 ONSC 3920
DIVISIONAL COURT FILE NO.: 327/20
DATE: 2021-05-31
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: City of Toronto, Moving Party/Appellant
AND:
445 ADELAIDE STREET WEST INC., N. ALFRED APPS, JOSEPH AND SALWA MUSA, and Toronto standard condominium corporation nO. 1984, Respondents
BEFORE: L. A. Pattillo J.
COUNSEL: D. Elmandy, J. Wice and C. Henderson, for the Moving Party/Appellant T. Hill, A. Skinner and M. Helfand, for the Respondent 445 Adelaide Street West Inc.
HEARD
At Toronto: February 25, 2021
Endorsement
[1] The motion for leave to appeal from the order of the Local Planning Appeal Tribunal dated April 14, 2020 is allowed with respect to the following questions:
Did the Local Planning Appeal Tribunal (the “Tribunal”) err in its consideration and application of the Ontario Heritage Act (“OHA”) in respect of its findings regarding 445 Adelaide Street West and 447-453 Adelaide Street West (the “Properties”) in light of By-Laws 114-20 and 115-20 passed by the City pursuant to s. 29 of the OHA designating the Properties as Heritage Properties under part IV of the OHA; and
Did the Tribunal err in its interpretation of provincial and municipal heritage planning provisions that include: the Provincial Policy Statement, 2014 issued under the Planning Act; A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 issued under section 7 of the Places to Grow Act, 2005, S.O. 2005, c.13; and the City of Toronto’s Official Plan and King-Spadina Secondary Plan, adopted and approved pursuant to section 17 of the Planning Act.
[2] The costs of the motion fixed at $10,000, reserved to the panel hearing the appeal.
L. A. Pattillo J.
Released: May 31, 2021