Can the matter of cultural heritage value be determined exclusively under the Planning Act?
Ontario, Canada
The following excerpt is from Toronto (City of) v. 445 Adelaide Street West Inc., 2022 ONSC 1471 (CanLII):
A variation of this circumstance where the matter of the cultural heritage value can be determined exclusively under the Planning Act occurs where the municipality repeals the Ontario Heritage Act designation of the property. An example of this circumstance is the case of My Rosedale Neighbourhood v. Dale Inc., which I shall discuss again below. The point to emphasize is that there is no conflict in operation or in purpose in cases where the Ontario Heritage Act is not engaged or is no longer engaged. There is no problem integrating the statutes when only one of them is engaged.
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