Toronto College Street Centre Ltd. v. Toronto, (1984) 5 O.A.C. 333 (DC)

Judge:Van Camp, Henry and Krever, JJ.
Court:Superior Court of Justice of Ontario
Case Date:September 25, 1984
Jurisdiction:Ontario
Citations:(1984), 5 O.A.C. 333 (DC)
 
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Toronto Coll. Street Centre v. Toronto (1984), 5 O.A.C. 333 (DC)

MLB headnote and full text

Toronto College Street Centre Ltd. v. Corporation of the City of Toronto and Nixon, Commissioner and Chief Building Official for the City of Toronto

(No. 968/82)

Indexed As: Toronto College Street Centre Ltd. v. Toronto

Ontario Divisional Court

Van Camp, Henry and Krever, JJ.

September 25, 1984.

Summary:

Toronto College Street Centre Limited was the owner and developer of a Toronto landmark, Eaton's College Street Store, designated under the Ontario Heritage Act as being of architectural value or interest. Such a designation meant that an owner undertaking alterations to the designated building may require consent of city council. Toronto College Street Centre Limited applied to council for a building permit to enable it to convert the building's seventh floor from the "Round Room Restaurant" and the "Auditorium" to rental office space. The City of Toronto refused the application under s. 6(1) of the Building Code Act on the ground that the proposed construction was contrary to the applicable law, namely the Ontario Heritage Act and the Planning Act. The developer applied for judicial review of the city's refusal to issue the permit, for a declaration that the legal impediments asserted by the city did not apply and for mandamus to have the city act on the developer's building permit application.

The Ontario Divisional Court held that the city was justified in refusing to issue the building permit, because to allow the proposed development to proceed would contravene applicable law, and dismissed the city's application.

Land Regulation - Topic 3215

Land use control - Building permits - Grounds for refusal - Proposed construction not in compliance with applicable law - Ontario Heritage Act The Ontario Building Code Act, s. 6(1)(a), provided that no building permit would be issued where the proposed construction did not comply with the Act, the Code or any other applicable law - The Ontario Divisional Court held that a city council was therefore justified in refusing to issue a building permit where council had not consented to a conversion of a building designated under the Ontario Heritage Act because to permit the construction would contravene the Heritage Act - See paragraphs 1 to 5, 15 to 32, 58.

Land Regulation - Topic 3215

Land use control - Building permits - Grounds for refusal - Proposed construction not in compliance with applicable law - Planning Act - The Ontario Building Code Act, s. 6(1) (a), provided that no building permit would issue where the proposed construction did not comply with the Act, the Code or any other applicable law - The Ontario Divisional Court held that a development agreement under a Planning Act Bylaw was, by virtue of a revision of the statutory authority under which the agreement was made, law binding on the developer - Therefore the court held that a city was justified in refusing a permit for a development contrary to the development agreement because to do so would contravene applicable law - See paragraphs 1 to 5, 33 to 59.

Words and Phrases

Any Other Applicable Law - The Ontario Building Code Act, R.S.O. 1981, c. 51, s. 6(1), provided that no building permit would issue where the proposed construction did not comply with the Act, the Code or "any other applicable law" - The Ontario Divisional Court discussed two examples of the types of laws that were included in the phrase "any other applicable law".

Words and Phrases

Development and Redevelopment - The Ontario Divisional Court discussed the meaning of the words "development" and "redevelopment" as they appeared in s. 35(a) of the Planning Act, R.S.O. 1980, c. 379 - See paragraphs 54, 55.

Cases Noticed:

Canadian Institute of Public Real Estate Companies et al. v. City of Toronto and Attorney-General for the Province of Ontario, [1979] 2 S.C.R. 2; 25 N.R. 108, ref'd to. [para. 41].

Slau Limited and City of Ottawa, Re (1976), 74 D.L.R.(3d) 182 (Ont. Div. C.), ref'd to. [para. 40].

Statutes Noticed:

Building Code Act, R.S.O. 1980, c. 51, sect. 6(1) [para. 2].

City of Toronto Bylaws, Bylaw 419/74 [para. 33].

Heritage Act, R.S.O. 1980, c. 337, Part 4 [para. 16]; sect. 32 [para. 18]; sect. 33 [para. 20]; sect. 34 [para. 21].

Planning Act, R.S.O. 1980, c. 379, sect. 35(a) [para. 50].

Planning Act Amendment Act, S.O. 1979, c. 59, sect. 3 [para. 42].

Counsel:

J.F. McCallum, Q.C., and J.D. Murphy, for the applicant;

M.J. Winer, Q.C., for the respondents.

This application was heard on February 1, 2 and 6, 1984, before Van Camp, Henry and Krever, JJ., of the Ontario Divisional Court. The following decision of the Divisional Court was delivered by Henry, J., and the decision was released on September 25, 1984.

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