precedent-report

name	Precedent Report
description	A compilation of past decisions for similar applications in the same neighbourhood.

5. Precedent Report

What It Is

A compilation of past decisions (from the Committee of Adjustment, OLT, or Council) for similar applications in the same neighbourhood, demonstrating that the requested variances or amendments have been approved before.

Why It Matters

• Committees of Adjustment heavily rely on consistency — if a similar variance was approved nearby, it strengthens the case
• OLT considers precedent in applying the four tests
• Demonstrates the proposal is not unusual for the area

Governing Law

• Planning Act, s. 45(1) — Four tests for minor variances (precedent informs "minor" and "desirable")
• Ontario Land Tribunal Act, 2021 — OLT procedures
• Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 — Governs quasi-judicial proceedings

Data Sources

Source	What It Contains	How to Access
Toronto Committee of Adjustment Decisions	All minor variance decisions with file numbers, addresses, outcomes, conditions	Toronto Open Data or AIC
Toronto TMMIS	Council decisions on ZBAs and OPAs	app.toronto.ca/tmmis
Ontario Land Tribunal (CanLII)	OLT and former OMB decisions	canlii.ca/en/on/onlt/
Municipal Application Tracking	Active and past applications	Municipality website
PlanningAlliance / Zoocasa / Other aggregators	Development application summaries	Various

How to Build It — Step by Step

Step 1: Define the search parameters

From the subject application, extract:
  - Address (for geographic proximity search)
  - Zoning category (for comparable zone)
  - Type of variance(s) requested
  - Magnitude of each variance
  - Building type (e.g., detached, semi, multiplex, mid-rise)

Search radius:
  - For Committee of Adjustment: 250–500m
  - For OLT/OMB: broader area (same neighbourhood or city-wide
    for novel issues)

Step 2: Query past decisions

For each variance type:
1. Search for past applications with the same type of variance
   (e.g., "maximum height" variance in R zone within 500m)
2. Filter by:
   - Outcome: Approved (focus on approved cases)
   - Date: Last 5 years preferred (more recent = more relevant)
   - Zone: Same or similar zoning category
3. Extract:
   - File number and address
   - Date of decision
   - What was requested
   - What was approved (with conditions)
   - Distance from subject property

Step 3: Analyze comparability

For each precedent case:
1. Compare the zone, lot size, and building type
2. Compare the magnitude of variance
   (was the precedent variance larger, smaller, or similar?)
3. Note any conditions imposed
4. Identify if the same panel or planner was involved
   (relevant for Committee of Adjustment)

Step 4: Generate the report

PRECEDENT REPORT
Property: [Address]
Application: [Type and File Number]
Prepared: [Date]

1. INTRODUCTION
   - Purpose of this report
   - Search methodology (radius, date range, source)

2. SUMMARY TABLE
| # | Address | File No. | Date | Zone | Variance Type | Requested | Approved | Distance |
|---|---------|----------|------|------|---------------|-----------|----------|----------|
| 1 | 123 Oak | A0001/24 | 2024-03-15 | RD | Max Height | 11.5m (10.0m permitted) | Yes, with conditions | 150m |
| 2 | 456 Elm | A0002/23 | 2023-11-20 | RD | Max FSI | 0.75 (0.60 permitted) | Yes | 200m |

3. DETAILED ANALYSIS
   [For each precedent, 1-2 paragraphs explaining relevance]

4. CONCLUSIONS
   - The requested variances are consistent with an
     established pattern of approvals in the neighbourhood
   - [X] of [Y] comparable applications were approved
   - Average approved variance magnitude was [Z]