Robert Russell

The appellant appealed a condition imposed by the Committee of Adjustment requiring a Metrolinx Environmental Easement to be registered on title for a residential redevelopment.

The Tribunal found that the requested variances met the four tests under the Planning Act.

The Tribunal removed the easement condition, finding it was an unreasonable burden without planning justification, especially given the absence of Metrolinx at the hearing.

The appellant appealed a condition imposed by the Committee of Adjustment regarding an environmental easement.

The appellant's planner initially filed an Expert Witness Statement addressing only the appealed condition.

Upon learning that a TLAB hearing is a de novo hearing of the entire application, the appellant brought a motion for an extension of time to file a revised Expert Witness Statement addressing all requested variances.

The TLAB granted the motion, finding no prejudice as there were no other parties, and scheduled a new hearing date.