P. Doherty-Howe

The appellant appealed a Committee of Adjustment decision denying minor variances required to demolish an existing bungalow and build a new two-storey dwelling.

Prior to the resumed hearing, the appellant and the adjacent neighbour reached a settlement, resulting in modifications to the building plans and the requested variances.

Based on the uncontested expert planning evidence, the Tribunal found the modified variances met the four tests under the Planning Act and allowed the appeal, approving the variances subject to conditions.

The Appellant appealed a Committee of Adjustment decision refusing minor variances for a new dwelling.

Due to a failure to receive the Notice of Hearing, the Appellant retained counsel and an expert planner late, missing the filing deadlines.

The Appellant brought a motion to permit the late filing of the expert witness statement and to convert the scheduled hearing into a prehearing conference.

The Respondent opposed and sought costs.

The Tribunal granted the Appellant's motion, finding no bad faith and noting the importance of a fair hearing on the merits.

The Respondent's motion for costs was dismissed as premature.