Barrister & Solicitor | Integrity Commissioner

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Industrial Development

  1. Recycling Specialties Inc. v. AAA Professional Self Storage Inc.

    Location:

    Greater Golden Horseshoe


    Subject:

    Industrial Development, Official Plan Amendments, Zoning By-law Amendments


    Court:

    Ontario Municipal Board


    Application/issue:

    This was a hearing in relation to appeals filed by AAA Professional Self Storage Inc. against decisions on applications for an Official Plan Amendment and Zoning By-law Amendment filed by Recycling Specialties Inc. in the Town of Midland. The applications would permit a facility to receive and sort construction waste (concrete, drywall, etc.). The issues included compatibility with surrounding uses, sufficiency of environmental and traffic studies, and appropriate mitigation.


    Held:

    Appeals allowed in part; OPA modified and approved; Zoning By-law approved


    Reasons:

    From the planner’s evidence, it was clear to the Board that the subject site is a suitable location for a Recycling Facility given the surrounding uses. Environmental features are not negatively impacted as a study to address natural features was properly completed. The proposed recycling facility will not be handling hazardous or organic materials.


    Document(s):



  2. Metropolitan Toronto Condominium Corporation No. 938 v. Wei

    Location:

    City of Toronto


    Subject:

    Condominium Development, Industrial Development, Minor Variances


    Court:

    Ontario Municipal Board


    Application/issue:

    Jane Wei operates the Middlefield Kumon Centre for mathematics and reading in the second floor of an industrial condominium in the City of Toronto. Some years ago, the City advised the applicant to obtain a variance for that use, which she did in 2006 and 2008. She had to reapply again in 2013 as the variance was only valid for two years and upon reapplication, the Metropolitan Toronto Condominium Corporation No. 938 appealed the Committee’s variance decision to the Board, alleging that the centre represented problems for the building management. Two other corporations with factories nearby, appeared to oppose the variance as well: Owens Corning Insulating Systems Canada LP and Trench Canada.


    Held:

    Appeal dismissed


    Reasons:

    For the purposes of this appeal, the Board finds no evidence on which to suppose any digression from the four statutory tests at this time. The variance to the applicable Zoning By-law of the City of Toronto is authorized in accordance with the decision of the Committee of Adjustment. The Board found that, if the Motion were granted, the established situation would be compromised primarily on the basis of an apprehension – unproven – that a non-party might have difficulties with MOE at some indeterminate point in the future.


    Document(s):