Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-22-004837
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellants: Harpreet Pabla and Eric Youssef
Respondent: Toronto and Region Conservation Authority
Subject: Appeal of conditions imposed on permission for construction of a residential dwelling
Property Address: 63 Tilden Crescent
Reference Number: 0136/18/TOR
Municipality: City of Toronto
OLT Case No.: OLT-22-004837
OLT Lead Case No.: OLT-22-004837
OLT Case Name: Pabla v. Toronto and Region Conservation Authority
Heard: July 11, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Harpreet Pabla and Eric Youssef
Raj Kehar
Toronto and Region Conservation Authority (“TRCA”)
Tim Duncan
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON JULY 11, 2023 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal brought by the Appellants of a decision of the TRCA dated November 22, 2022, approving, with conditions, an application for permission to construct a home in a residential neighbourhood in proximity of the Humber River at 63 Tilden Crescent, in the City of Toronto, Ontario.
2Both prior to and at the CMC, there were no new requests for either party or participant status. As such, the sole Parties are the Appellants, and the Respondent, the TRCA.
3No draft procedural order nor issues list was filed with the Tribunal, in advance of the CMC.
4At the CMC, there was discussion about the context of the proposed project. The Parties informed the Tribunal that counsel have been working on producing a procedural order. The Parties agreed that a four-day hearing in early 2024 would suit them. With the agreement of the Appellants, the TRCA indicated it required up to an additional 60 days to deliver a refined Issues List. Within five days of completion of the TRCA’s Issues List, the Parties agreed that a Procedural Order could be finalized and sent to the Tribunal for approval.
5The Parties agreed that their first choice of hearing dates would be the week of January 15, 2024, with the week of March 11, 2024, being an acceptable alternative. The Tribunal held down the CMC momentarily to determine the Tribunal’s availability to accommodate the Parties preferred hearing dates. Upon returning to the CMC, counsel for the TRCA indicated that he had just been informed that important witnesses for the TRCA would not be available during the week of January 15 and asked that the hearing be changed to the week of March 11. The Appellants objected to rescheduling the hearing to the week of March 11 as they wished to have the matter dealt with as soon as possible.
6The Tribunal heard submissions from both Parties as to whether the hearing ought to be held during the week of January 15 or the week of March 11. The Tribunal considered the relative prejudice to each Party of the respective dates and found that the slight delay would be less detrimental to the Appellants, than the potential prejudice to the TRCA of not being able to present their full case. As such, the Tribunal held that the hearing would be set for the week of March 11, 2024. Further, the Tribunal stated that it would make a note indicating that time is of the essence and to encourage the Tribunal Member hearing the matter to issue a decision as promptly as possible.
7With respect to the possibility of settlement, the Parties believed it may be possible, however, it was premature to discuss settlement prior to the TRCA providing its refined Issues List. The Parties were made aware that if appropriate, they could make a request for Tribunal-assisted mediation, which would have to be assessed by the Tribunal.
HEARING DETAILS
8The Tribunal set down a four-day video hearing commencing on Monday, March 11, 2024, at 10 a.m.
9Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
10Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 and +1 (647) 497-9373. The access code is as indicated above.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13The Tribunal orders that the Toronto and Region Conservation Authority (“TRCA”) produce a refined Issues List to the Appellants prior to Monday, September 11, 2023.
14The Tribunal orders that a final Procedural Order and Issues List be filed by the Parties with the Tribunal prior to Monday, September 18, 2023.
15The Tribunal orders that a four-day hearing will be held by video commencing on Monday, March 11, 2024, at 10 a.m.
16There will be no further notice.
17This Member is not seized.
“Warren Morris”
WARREN MORRIS
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.