The lengthy saga surrounding a bylaw-breaking cannabis facility at 95 Dunning Ave. in Aurora has another twist, with the owner taking the town to the Ontario Land Tribunal (OLT).
In October, Etobicoke-based planning consultant Design Plan Services, on behalf of the property owner, 2209640 Ontario Ltd., applied to the Town of Aurora's committee of adjustment for a variance, to allow the medical marijuana production facility to operate.
The committee ultimately rejected that application at its Oct. 10 meeting. Now, 2209640 Ontario Ltd., a numbered corporation that lists Victor Priestly as its director, has directed Jim Kotsopoulos, who represents tenants of the property, to submit an appeal to the town's decision to the OLT.
The property owners were recently convicted of breaking the town’s bylaws in Ontario court, with Justice of the Peace Linda DeBartolo issuing a two-year probation order barring 2209640 Ontario Ltd. from using 95 Dunning for a medical marijuana production facility, in her Nov. 14 court order.
The order is effective until Nov. 14, 2026.
The facility had been running for more than four years, with the town first receiving complaints about the operation in July 2020, according to a town staff report.
The town initially charged the owner and tenant with illegally operating the business against the town’s zoning bylaws and official plan, in October 2022.
Speaking in court in July, Peter Swales, principal paralegal for SW Legal Services PC, who was representing the owner of 95 Dunning, said the tenant in the building had planned to submit paperwork that would allow the business to remain in place.
The Oct. 10 application came despite town planning staff indicating "they would not support" the variance application during a pre-consultation meeting on Feb. 22, 2024, according to a town staff report.
The OLT case is currently at the intake stage, and as such a hearing date has not yet been set by the tribunal.
