The applicant municipality sought leave to appeal a decision of the Ontario Municipal Board that allowed the respondent to convert a 161-unit affordable rental apartment building into a condominium.
The municipality argued the Board erred in its application of the Planning Act and disregarded provincial and municipal policies protecting rental housing.
The Divisional Court granted leave to appeal, finding reason to doubt the reasonableness of the Board's decision for failing to consider the specific city-wide housing policies and condominium conversion policies in the Provincial Policy Statement 2005 and the municipality's Official Plan.
