http://www.insidetoronto.com/news/cityhall/article/157935--smartcentres-appeal-quashed#at
SmartCentres appeal quashed
An Ontario Divisional Court judge has quashed an appeal by SmartCentres of an Ontario Municipal Board (OMB) decision preventing them from building a 700,000 square foot shopping centre on Eastern Avenue.
The decision from Divisional Court Madam Justice Andromache Karakatsani came down the afternoon of Oct. 28, and found that contrary to arguments made by SmartCentres lawyers, the OMB made no errors in law when it rejected a plan to build the shopping centre.
“I am not satisfied that there is good reason to doubt that the OMB was reasonable in considering the impact of the proposal on the surrounding lands formerly designated ‘industrial’ and now designated ‘employment area,’†wrote Karakatsani in the decision.
“At the conclusion of a lengthy hearing, the OMB was persuaded that the proposal did not constitute good planning and would very likely destabilize the area.â€
The decision, just four pages in length, means the lands formerly occupied by the Toronto Film Studio on Eastern Avenue west of Leslie Street can’t be redeveloped.
Wednesday’s decision was a cause for celebration for local councillor Paula Fletcher and members of the Leslieville community who fought the prospect of big box retail coming into the neighbourhood.
SmartCentres spokesperson Sandra Kaiser had little to say about the decision, commenting only: “We are reviewing the decision and will consider all our options.â€
City lawyer Brendan O’Callahan said it’s unlikely SmartCentres will be able to appeal given the nature of the decision.
“I just read the decision and it’s excellent,†he said. “Their request has been dismissed. I think this is finally the last nail in the coffin - I don’t tink they can appeal, I think this is it.â€