1000758840 Ontario Ltd., operating as Niagara Neighbours for Community Safety, challenged the City of Toronto’s decision to relocate an emergency residential shelter to 629 Adelaide St. West, to be operated by St. Felix Centre.
The applicant argued that the shelter's operation at the proposed location violated Toronto's zoning by-laws and contended specifically against the inclusion of a patio as part of the shelter.
The court found the application should have been an appeal under section 25 of the Building Code Act, 1992, determining no errors in the chief building official’s decisions regarding the property and the pending decision on the patio.
Costs were not immediately awarded in the judgment, as the parties were encouraged to agree on costs.
Key Points:
The shelter, intended to have 50 beds, was to be relocated to accommodate conversion of the previous location to affordable housing.
The court concluded that the shelter's use of the property was permitted under the city’s zoning by-laws and that any decisions about the patio were pending, making it premature to rule on that aspect.
The court affirmed the decisions of the chief building official and dismissed the application, highlighting the proper procedural channel as an appeal under the Building Code Act, 1992.
