The Humewood Neighbourhood Ratepayers Inc (HNRI) issued an email today announcing that the Ontario Municipal Board (OMB) has upheld the city-wide Drive-Through By-Law.

A group of associations representing the restaurant, banking and other industries were appealing the By-Law which restricts the building of drive-through operations in residential areas.

The email notes that the appeal by the industry group was dismissed with a few minor exemptions.

The By-Law came about in large measure when a major fast food franchise sought to convert their existing location near Christie into a drive-through operation.

The move was met with opposition from the local community and with the efforts of Ward 21 Councillor Joe Mihevc the Drive-Through By-Law was passed, which seemed to bring the matter to a close.

Such was not the case however, as a court challenge was launched by the franchisor and subsequently the OMB appeal by collective industry organizations noted earlier. The court challenge was adjourned in June 2003 pending the outcome of the OMB hearing. There is no word yet on the next steps regarding the adjourned proceedings.

It is interesting to note that the franchisee at the St Clair location posted a notice in September of 2003 indicating their decision not to proceed with a drive-through. Their corporate head office released a statement the next day stating that the franchisee did not speak for the company and that they were standing by their June decision to adjourn the Superior Court case pending the outcome of the OMB ruling on the city-wide By-Law.