The respondent City of Toronto brought a request for early dismissal of an application alleging that its zoning by-laws discriminate against persons with mental health disabilities by imposing minimum separation distances for supportive housing.
The City argued the Tribunal lacked jurisdiction to strike down by-laws, that the Ontario Municipal Board was the proper forum, and that the application was vague and hypothetical.
The Tribunal dismissed the request for early dismissal, finding it premature to decide these issues without a full evidentiary record, and allowed the applicant's request to amend the application.
