R. Russel

At a pre-hearing conference for an appeal of a Committee of Adjustment decision, the Toronto Local Appeal Body noted that the appellant had only appealed one condition of the approval.

Because the appeal triggers a de novo hearing, the appellant's expert planning witness needed to address the four statutory tests for all variances, which the initial expert statement failed to do.

The Tribunal granted the appellant permission to file a motion to amend the expert witness statement and converted the scheduled hearing date into an oral motion hearing.