2 total
Appeal of minor variances for deck construction dismissed; variances authorized as meeting the four tests.
The appellant appealed a Committee of Adjustment decision authorizing minor variances for a newly constructed deck on the neighbouring property.
The variances sought a reduced side yard setback and an increased deck height.
The Tribunal qualified the applicant's planner as an expert witness, whose uncontroverted evidence demonstrated that the variances met the four tests under section 45(1) of the Planning Act.
The Tribunal found that the 0.4 metre intrusion into the side yard setback would not have an undue impact on privacy given the 30 metre separation between the properties.
The appeal was dismissed and the variances were authorized.
Tribunal dismisses 2009 allegations for delay but retains them as context for 2013 reprisal claim.
The applicant filed a human rights application alleging sexual solicitation and reprisal against a Tim Hortons franchisee and its franchisor, TDL.
In this interim decision, the Tribunal denied TDL's request to be removed as a respondent, finding it premature without evidence regarding TDL's role in addressing public complaints.
The Tribunal dismissed the applicant's 2009 allegations as independent Code violations due to delay, but allowed them to remain as foundational facts for her 2013 reprisal claim.
The Tribunal also denied the applicant's request to amend her application to include new reprisal allegations based on the delivery of legal materials and public encounters.
