Mr. Chan

The appellant appealed the Committee of Adjustment's refusal of four variances required to legalize an as-built two-tier deck and pergola.

The Toronto Local Appeal Body reviewed the variances against the four tests under s. 45(1) of the Planning Act.

The tribunal authorized the variance for the deck's projection from the rear wall, finding it maintained the intent of the Official Plan and Zoning By-law.

However, the tribunal refused the variances for side yard setback, soft landscaping, and lot coverage, concluding that the appellant failed to demonstrate that the prevailing patterns of the neighbourhood were respected or that the intent of the Zoning By-law was maintained.

The applicant, who was deemed catastrophically impaired following a motor vehicle accident, sought payment for various denied and partially approved treatment plans, as well as attendant care benefits.

The Licence Appeal Tribunal dismissed the claims for the medical benefits and treatment plans, finding the applicant failed to provide sufficient evidence that they were reasonable and necessary.

Regarding attendant care benefits, the Tribunal found the applicant was not entitled to additional amounts for the period prior to February 2016.

However, the Tribunal determined that the applicant had incurred attendant care expenses from February 2016 onwards and awarded partial attendant care benefits based on a detailed assessment of the required levels of care and the applicable hourly rate guidelines.