SOULMUTTS V. CITY OF TORONTO TLAB

Our client, Soulmutts, relocated its dog daycare business after being expropriated. The City of Toronto and certain neighbours took issue with the business operating at its new location. Denitza Koev successfully advocated before the Toronto Local Appeal Tribunal (TLAB) on behalf of Soulmutts to allow the business to continue operating on the property. The City argued that TLAB lacks jurisdiction to create a new use through a minor variance application. This position was raised for the first time by the City in closing argument. Soulmutts relied on the Divisional Court case, Fred Doucette Holdings Ltd. v. Waterloo (City), 1997 CanLII 16235 (ON SC), to lend support to the TLAB’s jurisdiction to grant a variance that would permit a new use on the property. TLAB ruled in favour of Soulmutts, recognizing that the Court’s decision is binding on Tribunals and noted the impropriety of the City’s decision to raise the jurisdictional defence in closing.