Virtual Hearing Commences on March 5, 2021 

The OAA’s appeal of City of Toronto Zoning By-law 569-2013 (the harmonized zoning by-law) began in 2013, by members who specialize in residential projects in Toronto. They had independently attended hearings and made deputations, but sought support from the OAA. Council agreed to back the appeal on the grounds that Toronto represents roughly half of the Association’s membership, it sets precedents that are disseminated across the province, and there is a strong public interest aspect in ensuring that municipalities follow the law. Without being challenged, municipalities can, and sometimes do, get away with flaunting the law. The members who originated the issue continue to remain active with the case today.

As it currently stands, the OAA secured a preliminary win through a March 2018 ruling. The OMB member determined that the City of Toronto’s decrease to heights was not consistent with the Official Plan and that the character of neighbourhoods could not be maintained. The Board suggested that all parties try to come to an agreed solution. At the time, the City had suggested a 1-m increase, while appellants had suggested 1.8 m. The parties have not yet been able to reach a resolution and, while the hearings had previously resumed, they were successively disrupted by a medical emergency, the resignation of the presiding Tribunal member, and then the COVID-19 pandemic.

The hearing resumes remotely this morning—Friday, March 5, 2021—and may continue over the course of the next nine days. Interested members are invited to view the hearings from your computer or tablet by using this link.