V. Colantonio

The appellant appealed the Committee of Adjustment's refusal of an application to sever a residential lot into two and for associated minor variances to construct two new detached dwellings.

The Toronto Local Appeal Body dismissed the appeal, finding that the applicant's planning expert failed to provide a substantive analysis of the broader neighbourhood context as required by the Official Plan.

The tribunal concluded that the applicant did not meet the burden of proving that the consent to sever met the criteria under s. 51(24) of the Planning Act, nor that the variances met the four tests under s. 45(1), particularly regarding the general intent and purpose of the Official Plan and Zoning By-law.

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.