Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2022
CASE NO(S).: OLT-21-001162
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Nadia and Phillip Lazzarino
Applicant: Kleinburg One Consulting Inc.
Subject: Minor Variance
Variance from By-law No.: 1-88, as amended
Property Address/Description: 15 Pennon Road
Municipality: City of Vaughan
Municipal File No.: A049/21
OLT Case No.: OLT-21-001162
OLT File No.: OLT-21-001162
OLT Case Name: Lazzarino v. Vaughan (City)
Heard: February 22, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Nadia and Phillip Lazzarino
Domenic Basile (in absentia)
Kleinburg One Consulting Inc.
Erik Savis
City of Vaughan
Gurnick Perhar
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS AND S. deBOER ON FEBRUARY 22, 2022 AND ORDER OF THE TRIBUNAL
1This proceeding was scheduled for the purpose of hearing the appeal by Nadia and Phillip Lazzarino (the “Appellants”) from the decision of the City of Vaughan Committee of Adjustment to authorize minor variances for the property municipally known as 15 Pennon Road, in the City of Vaughan.
2Neither of the Appellants nor their legal counsel of record attended at the scheduled start time of the hearing, or at any time during the 30-minute grace period subsequently allowed by the Tribunal. Attempts by the Tribunal Case Coordinator having carriage of this file to contact the Appellants’ legal counsel in the days leading up to the hearing were unsuccessful.
3Notably, subsequent to the delivery of the oral decision by the Tribunal to dismiss the appeal, counsel to the Applicant indicated that his client is seeking to submit a request for the costs incurred as a result of the appeal. The Tribunal has directed that any request for costs is to proceed by way of a written motion in accordance with Rule 23 of the Ontario Land Tribunal’s Rules of Practice and Procedure.
ORDER
4The Tribunal orders that the appeal is dismissed.
“M.A. Sills”
M.A. sills
VICE-CHAIR
“S. deBoer”
s. deboer
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.