One of the more hotly debated projects in the City of Toronto is The Thompson Residences. The two tower project has been subject to some interesting legal battles over the past few years. With its famous conflicts with the City over height and density, the debate has been a spirited one for local residents and the city, as well as Freed, the developer. Well, based on a local division court ruling this past week, we may finally have closure at 621 King St. W.
Divisional Court Justices Gladys Pardu, Gregory Mulligan, and Douglas Cunningham have formally dismissed the city’s appeal of the Ontario Municipal Board’s February decision.
At the heart of the debate were nine minor variances to permit the development of the former Travelodge Hotel site into a two-tower development. The city opposed six of the nine variances, citing issues with shadowing and angular plane requirements.
The city felt that there was an error of law in the board’s decision; however the divisional court disagreed. The court noted, that given the 30 other projects that had been approved by the city in that area that had filed for similar minor variances, it would be difficult to deny this one.
“When a municipality chooses not to appeal the decision of its own committee of adjustment, it forgoes its right to challenge the decision before the board. Logically, then a municipality gives tacit approval to a decision of the committee of adjustment by not appealing. By inference, the committee’s decision is seen as one that has the approval of council,” noted the court.
Will this be the last legal issue at 621 King St. W.? Who knows, but at this point it would look as though the city has exhausted all legal challenges.
