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Appeal allowed and minor variances authorized for a carport, satisfying the Planning Act tests.
The applicants appealed the Township of St. Clair Committee of Adjustment's denial of minor variances to permit the construction of a carport.
The requested variances sought a reduced interior side yard setback and an increase in maximum lot coverage for an accessory structure.
The Township did not participate in the hearing, but a municipal planner attended as a Friend of the Tribunal and provided expert land use planning evidence supporting the application.
The Tribunal found that the requested variances satisfied the four tests under s. 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate use of the land, and were minor in nature.
The appeal was allowed and the variances were authorized.
The court dismissed the plaintiff's motion to admit late expert reports due to irremediable prejudice.
The plaintiff moved for an order to abridge the time for service of three expert reports and to grant leave to call them as experts, also requesting a trial adjournment for the defendants to obtain responding reports.
The defendants opposed, citing prejudice.
The court balanced the plaintiff's disadvantage in not leading expert evidence against the defendants' inability to respond and the case's long history of delays, including previous adjournments and late service of documents by the plaintiff.
Justice Rady, referencing a prior decision by Justice Grace, found that the prejudice to the defendants was irremediable without an adjournment, which had already been refused.
Consequently, the motion was dismissed, and leave to call the expert reports was denied.
