Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 29, 2022
CASE NO(S).: OLT-22-002255 (Formerly MM210015)
PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 158 Marion Street Inc.
Subject: Protest the levying of fees in relation to an application for (insert planning instrument)
Property Location/Description: 158 Marion Street
Municipality: City of Toronto
OLT Case No.: OLT-22-002255 Legacy Case No.: MM210015
OLT Lead Case No.: OLT-22-002255 Legacy Lead Case No.: MM210015 OLT Case Name: 158 Marion Street Inc. v. Toronto (City)
Heard: July 12, 2022 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| 158 Marion Street Inc | Christian Chan |
| City of Toronto | Jamie Dexter* for Michael Mahoney* |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference convened to determine if the Parties were prepared to move to a contested hearing to resolve the amount of a fee paid to the Committee of Adjustment in an attempt to remedy an Order to Comply issued by the Building Department.
2The Tribunal was advised immediately prior to the proceeding that the Appellant had instructed their representative to withdraw the appeal, as the variances required had been recently granted, and further, as it had become apparent that there was no further prospect that discussion would lead to a refund in the fees paid. It was the determination that the costs of a contested hearing could not be offset by any successful remedy flowing from a decision by the Tribunal.
3The Representative for the Appellant was instructed to formally file Notice of withdrawal with the Tribunal, upon which, the file will be closed.
4No further action is required of the Tribunal.
“Sharyn Vincent”
SHARYN VINCENT VICE-CHAIR
Ontario Land Tribunal Website: 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.