AUTOMOBILE SERVICE STATION
The [Ontario Municipal] Board notes that definition of “automobile service station” in Toronto Zoning By-law No. 1916 is as follows:
“Automobile Service Station” shall mean a building or place where gasoline, oil, grease, anti-freeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor or running repairs essential to the operation of motor vehicles are executed or performed.
The definition betrays the age of the by-law which was passed in 1963. In service stations today, many of the items identified above are not offered for sale and many of the listed activities are not carried out. Furthermore, there are a number of retail outlets which offer many of the above types of items for sale which would not be classified as service stations.
In the [Ontario Municipal] Board's view, the types of activities and facilities that form part of automobile service stations have changed since the above-noted by-law was adopted. The definition in the By-law does not include facilities that are normally associated with more up to date service stations (i.e. convenience stores) ...
Imperial Oil Ltd. v. Toronto (City) (2012),
2012 CarswellOnt 10315 (O.M.B.) at para. 39, 40, 41