Remodeling and Home Design
Toronto Architects & Designers

The OMB trumps city by-laws. Dec 9, 2010.

The story ends. The bylaws weren't such a big deal after it. The Tseng's got away with it.


Winning!

"Finally, the Tsengs argued under section 45(1) of the city’s Planning Act that “contemplates the possibility of a minor variance” under the bylaw.
Many houses violate the city’s bylaw for depth of a house, set at 14 metres, because they were built before the law was enacted. Since the Tsengs’ house was already in violation of the bylaw, it seems the OMB allowed this addition to stand.
The OMB can’t explain the rationale because “decisions issued by the OMB are considered ‘res ipsa loquitur’ — the thing speaks for itself,” according to its website.
The board, in effect, said the addition was good enough to fit into the neighborhood's look and feel, building permits be damned." Liam Casey, The Star. December 7, 2013.

Yes the Tsengs have finally won, having pulled out all the dirty tricks, and we have all lost, for the reasons stated above. Our world is a bit less coordinated, less planned, and more open to political pressure. If this death by 1000 cuts keeps apace, we will be the doomed state.
But there may be a good outcome. This story will stand as the case that finally ended the OMB's authority in Toronto. The Tseng case. Adam Vaughan may be successful in dismantling the OMB's influence.