A Toronto couple is in court after being ordered to demolish a nearly finished wall the city previously approved in the Rosedale heritage district.
Toronto Couple Battles City Over Ordered Removal of Approved Wall
How the Approved Project Began
The dispute began in July 2023 when homeowners Michele and Matthew McGrath applied to Toronto’s transportation department for an easement to construct a brick wall, security gates, and related landscaping features around their corner property at Glen Road and Whitney Avenue. The couple received municipal approval that autumn, allowing construction to begin.
Why Heritage Rules Suddenly Applied
Although the permit was issued, the property lies within the North Rosedale Heritage Conservation District, a protected area designated in 2004. According to municipal law expert Alan Preyra, one city division approved the project before heritage planners were aware of it, highlighting what he described as frequent internal communication gaps. Heritage restrictions aim to preserve the district’s streetscape, making new permanent structures subject to strict evaluation.
What Triggered the City’s Reversal
Heritage staff visited the site in November 2024 while work was underway, though records do not indicate what prompted the visit. By January 2025, staff formally instructed the homeowners to stop construction and apply for a heritage permit. Two months later, council escalated the order, directing the couple to remove sections of the nearly completed wall.
How the Homeowners Responded
The couple filed legal action in August 2025, asking the Superior Court of Justice to allow the wall to remain and to order the city to cover legal expenses. In court documents, their lawyer argued that the Ontario Heritage Act does not regulate landscape features such as garden walls. The filings state the wall is in a “near-finished state” and that the sudden reversal has caused significant financial and emotional hardship.
Why the Dispute Deepened
To ensure the structure matched the century-old home, the McGraths sourced wood-fired bricks from a kiln in Philadelphia after visiting 12 Ontario brick mills that could not replicate the historical material. Their lawyer said this process took months and involved considerable cost, further complicating the city’s request to demolish the work.
How the Neighbourhood Reacted
The case drew notable public attention after the couple submitted a heritage permit application in July. Dozens of residents—including figure skater Tessa Virtue and Toronto Maple Leafs defenceman Morgan Rielly—submitted opinions both supporting and opposing the project. At a September meeting, the Toronto Preservation Board rejected the permit, stating the wall created a “physical and visual barrier” inconsistent with the heritage district’s open, park-like character.
Where the Case Stands Now
The matter was discussed at city council this week in a closed session due to confidential legal considerations. City staff, the area councillor, and the neighbourhood residents’ association have declined to comment while the case proceeds. No new court date has been set, leaving the future of the wall—and the city’s internal permitting process—unresolved.
