The developer proposing to put a Walmart in a new complex near the Kensington Market has appealed a city bylaw that effectively froze big-box retailers out of the area for a year.

Edward Sonshine, chief executive of developer RioCan, confirmed Monday the company has filed an appeal with the Ontario Municipal Board.

Sonshine said RioCan seeks to challenge the Bathurst St. interim control bylaw, which Toronto City Council passed in July with a 36-1 vote and no debate.

“We just didn’t think it was an appropriate thing for council to pass,” Sonshine said. “If they were right, then the OMB will say so.”

Related:

· The OMB is an unelected and unaccountable fourth branch of government: Marchese

· How the OMB stifles democracy in Ontario: Cohn

· Time to set Toronto free from OMB: Editorial

If the OMB finds the bylaw valid, Sonshine said RioCan plans to ask for an exemption.

The controversial debate over big-box stores and the future of the Kensington Market began when RioCan submitted plans to the city to build a three-storey retail complex between 410 and 440 Bathurst, with Walmart on the top two floors. The move upset many local residents, who worry about the impact the retail giant would have on their unique neighbourhood.

The interim control bylaw banned new retail on Bathurst St. between the Dupont St. rail tracks and Queen St. W. while the city planning department takes time to study the area and recommend development limits. RioCan’s 60-day deadline to appeal would have expired Tuesday.

Councillor Adam Vaughan, a vocal opponent of the Walmart proposal, said it was entirely within council’s right to temporarily freeze retail development while studying the area.

“We are seeking to have Torontonians build Toronto, and not the OMB or Walmart,” said Vaughan, who guessed it could take two to four months before an OMB hearing date is set.

The OMB, an unelected board that hears applications and appeals related to municipal planning, has come under fire recently in Toronto and other jurisdictions over lengthy appeal delays and controversial decisions.

Susan Schutta, Walmart Canada’s senior director of corporate affairs, said in an emailed statement the company is confident the development process “will ultimately determine if this proposal is in the public interest.”

Loading... Loading... Loading... Loading... Loading... Loading...

“If Walmart were to have the privilege to serve the Bathurst community in the future,” the statement said, “we would strive to earn our place in that community.”

With files from David Rider and Liam Casey

Read more about: