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Real Estate

What are the legal tests a committee of adjustment must apply before granting a minor variance in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Ontario's planning framework requires a committee of adjustment to consider four established criteria before granting a minor variance: whether the variance is minor in nature, whether it is desirable for the appropriate development or use of the land, whether it maintains the general intent and purpose of the zoning bylaw, and whether it maintains the general intent and purpose of the municipality's official plan. All four generally need to be satisfied; failing even one is typically enough to justify refusal.

These tests are qualitative and applied to the specific facts of each property and application, rather than being a fixed formula, which is why similar-looking variances can sometimes get different results depending on the specific site, its surroundings, and how the application is presented. "Minor" is judged in context, so a numerically small deviation isn't automatically minor if it would have an outsized impact on the neighbourhood, and a larger-seeming deviation isn't automatically refused if it fits comfortably with the area's character and the bylaw's underlying purpose. Applicants strengthen their case by directly addressing each of the four tests with specific evidence about their property and surroundings, rather than making general arguments about fairness or need.

Key takeaways

  • The four tests cover being minor, desirable, and consistent with both the zoning bylaw and official plan.
  • All four tests generally must be satisfied for the variance to be granted.
  • Each test is applied qualitatively to the specific facts, not through a fixed formula.
  • Address each test directly with site-specific evidence in the application.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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