After a four-year battle over the fate of Leaside’s Talbot Apartments, Ontario’s Superior Court has denied the property owner’s request to appeal the original ruling, a ruling that refuses them the right to demolish the complex. Residents are hopeful the decision — and a heritage designation for the complex — will end the struggle for good.
The battle began in 2007 when Context Developments, acting on behalf of property owner ADMNS Kelvingrove Investment Corporation, filed a motion to bulldoze and rebuild the complex. The apartments, built in 1939, were being considered for a heritage designation.
Context submitted an application for an eight-storey, 140-unit rental structure and 54 townhouses to replace the original, but the motion was refused by the city.
Shortly after, Context appealed the city’s decision to the Superior Court of Justice.
When the Superior Court of Justice sided with the city, as well, Context filed a motion to appeal to the Ontario Municipal Board, citing legal mishandling. On Nov. 3, the motion to appeal was dismissed.
“We’re feeling very relieved and very pleased,” said Carol Burtin Fripp, director of the Leaside Property Owners’ Association. “We’ve put in an immense amount of work, preparing for the hearings, working with the neighbourhood, presenting material.”
Coun. John Parker said, “It was really a team effort,” referring to the Leaside Property Owners Association, the residents — including president of the residents’ association, Pat Stevenson — the city’s planning department and the legal team.
“We were put to a very tough test,” he says.
A representative from Context Development refused to comment.
As a result of their ongoing involvement in the case, the Leaside Property Owners’ Association was awarded Heritage Toronto’s Community Heritage Award as well as their Members’ Choice Award.