May 5, 1999

To:Scarborough Community Council

From:H.W.O. Doyle

Subject:Ontario Hydro Corridor - Graywood - appeal and review of OMB decision

(Scarborough Agincourt and Scarborough Wexford)

Purpose:

This report addresses the Divisional Court's disposition of the application for leave to appeal the OMB decision on Graywood and the Board's response to the request to review that decision.

Funding Sources, Financial Implications and Impact Statement:

This report has no financial implications for the City.

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

On December 8, 1998, the Ontario Municipal Board released its decision respecting applications by Graywood Investments Limited to amend the Scarborough Official Plan and Zoning By-law and subdivide and develop Ontario Hydro Corridor lands running northerly from Highway 401 to the east-west Ontario Hydro Corridor south of McNicoll Avenue.

At its meeting of December 16 and 17, 1998, City Council authorized the City Solicitor to apply to the Divisional Court for leave to appeal the decision and to request the Board to review the decision pursuant to s. 43 of the Ontario Municipal Board Act.

Comments and/or Discussion and/or Justification:

On April 8, 1999, the Divisional Court heard the application and refused leave to appeal, finding that the Board had not reversed the onus on the developer to show the proposed development would be compatible with the existing neighbourhood. On May 3, 1999, the Board released a letter refusing the request for a review, finding that no error had been committed with respect to onus, the proper test for compatibility or the other matters raised on the City's behalf.

Conclusions:

In my view, neither of these decisions provides grounds for a further appeal.

Contact Name:

John A. Paton

Legal Services

telephone:392-7230

e-mail:jpaton@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services

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