Sylvia Jorge

The Long Branch Neighbourhood Association (LBNA) brought a motion seeking relief from TLAB Rule 16 to admit a late expert witness statement from an urban forestry expert.

The hearing of the merits had been previously adjourned.

The TLAB granted the motion, finding that the proposed evidence regarding tree health was relevant to the proceedings and that the adjournment provided sufficient time for the other parties to prepare.

The owners of a property in the Long Branch neighbourhood applied for minor variances to construct a new two-storey detached dwelling.

The Committee of Adjustment approved the variances, which included an increase in the permitted floor space index and reduced setbacks.

The Long Branch Neighbourhood Association and the City of Toronto appealed the decision, primarily raising concerns about the removal of a mature black walnut tree and the proposed density.

The Toronto Local Appeal Body dismissed the neighbourhood association's appeal, finding that the variances met the four tests under the Planning Act and that the City's urban forestry policies permitted tree removal when an as-of-right building envelope conflicts with a tree.

The City's appeal was allowed strictly to update the date of the approved plans in the conditions.