Ms. Kakish

The appellant requested a review of a TLAB decision that refused applications for consent to sever and associated minor variances for a property on Alfred Avenue.

The appellant argued the presiding Member violated procedural fairness and made errors of law and fact by rejecting the expert witness's qualitative analysis, ignoring a prior TLAB decision, and mischaracterizing the quantitative evidence regarding comparable lot sizes in the neighbourhood.

The reviewing Vice Chair dismissed the request, finding that the Member correctly applied the Official Plan's prescriptive directives for neighbourhood character, was not bound by prior TLAB decisions, and accurately assessed the lack of comparable lot frontages and areas in the immediate context.