The City of Toronto won a significant legal
ROBERT STEUTEVILLE    APR. 1, 2006
The City of Toronto won a significant legal battle in March when the Ontario Municipal Board upheld the city’s right to limit drive-through facilities. The Board ruled that the city was justified in refusing to let Canadian Tire Corporation include a drive-through lane in its plan for gas pumps, a convenience store, coffee shop, and car wash at a prominent corner in the former city of Scarborough. Canadian Tire wanted to place a restaurant drive-through between a food patio and a public sidewalk. In his decision, M.C. Denhez wrote, “The Board is not persuaded that locating a lane for idling cars next to a food patio constitutes good planning.” Robert Freedman, urban designer for the city, noted, “In Toronto, drive-throughs are not permitted in most parts of the city, and where they are permitted we have strict guidelines about setbacks, screening, and site design.”