Sharon Haniford

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.

The City of Toronto sought leave to appeal two Ontario Municipal Board decisions ordering the issuance of demolition permits for thirteen buildings.

The City argued the Board lacked jurisdiction because the respondents filed their appeal after the time limit in section 3 of the City of Toronto Act, 1985 had expired.

The Board had found this time limit conflicted with the Planning Act and assumed jurisdiction.

The Divisional Court found reason to doubt the correctness of the Board's jurisdictional decision, holding that the two statutes could co-exist without conflict.

However, the Court found no reason to doubt the Board's decision on the merits.

Leave to appeal was granted solely on the jurisdictional question.

The City of Toronto appealed a decision of the Ontario Municipal Board that permitted the respondent to convert a 20-storey affordable rental apartment building into a condominium.

The Divisional Court found that the Board applied the wrong legal test by merely 'having regard to' the Provincial Policy Statement 2005 instead of ensuring its decision was 'consistent with' it, as required by the Planning Act.

Furthermore, the Board failed to properly consider the specific mandatory criteria in the City's Official Plan regarding condominium conversions and the health of the rental housing market.

The appeal was allowed, the Board's decision was set aside, and the matter was remitted for a new hearing.