W.H. Roberts

The appellants appealed a Committee of Adjustment decision approving minor variances for a property to the Toronto Local Appeal Body.

After eight days of hearings, the presiding member resigned due to health issues before issuing a final decision.

The TLAB Chair issued an interim decision and order under Rule 2.17 of the TLAB Rules of Practice and Procedure, appointing a new member to complete the proceeding and issue a final decision to avoid wasting the significant time and resources already expended.

The appellant appealed the City of Toronto's failure to make a decision on official plan and zoning by-law amendments to permit a 12-storey residential building.

The parties reached a settlement.

The Tribunal approved the settlement in principle, finding it consistent with the PPS, conforming to the Growth Plan and City OP, and representing good planning.

The final order is withheld pending the satisfaction of conditions.

In an appeal concerning minor variances for a property on Riverside Drive, the Toronto Local Appeal Body issued an interim order to manage written submissions.

The parties had agreed on most conditions but disputed one.

Due to tight timelines and a lack of a prior authorizing order, the panel member extended the deadlines, allowing the applicants until June 8, 2023, to respond to the disputed condition, and the opposition until June 15, 2023, to reply.

The Toronto Local Appeal Body issued an interim decision setting deadlines for the parties to submit an updated list of variances, plans, elevations, and recommendations for conditions of approval following a hearing on a minor variance appeal.

The parties were given until May 1, 2023, to complete discussions and submit joint recommendations, with a final deadline of June 1, 2023, for separate submissions if an agreement could not be reached.

In an appeal concerning minor variances, the appellants sought to introduce two expert documents regarding front yard setbacks and the Ontario Building Code one day before the hearing.

The applicant objected to the Building Code document on the basis of prejudice due to late disclosure.

The Tribunal noted that both parties had failed to adhere to the prior procedural order's disclosure deadlines.

Consequently, the Tribunal admitted the documents onto the record to ensure a fulsome discussion and scheduled an additional hearing day to allow the applicant sufficient time to prepare for cross-examination on the new evidence.