Ontario’s Divisional Court granted a rare leave to appeal for the City of Mississauga to challenge the Ontario Land Tribunal’s quashing of Mississauga’s official plan amendment affordable housing requirements.
Appeals to the Divisional Court are only on questions of law – and only with permission of the Court.
The limitations on appeals from the OLT is enshrined in provincial law, recognizing the specialized nature of the OLT’s jurisdiction.
In 2020, Mississauga added affordable housing requirements to its official plan.
OPA-115 required ” a minimum 10 percent of housing units that are below-market for each development application proposing more than 50 residential units” within designated areas. Mississauga uses a 30 percent of household income measure to define below-market.
In a 2023 decision, the OLT quashed the affordable housing requirements.
The OLT ruled that the affordable housing requirements were ultra vires (outside the municipality’s authority) because the rules “fail to have due regard for the overall scheme of the [Planning] Act” and the “proper application” of the Act’s overall intent.
The OLT rules the requirements “not practicable” and therefore not permitted.
I’ll keep an eye on this file, and hopefully I’ll be able to observe the Divisional Court hearing when it is scheduled.
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Published: March 16, 2025
Last updated: March 16, 2025
Author: Joey Coleman
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