The appellant filed a site plan approval application and subsequently appealed the City's failure to make a decision within the statutory timeframe.
The respondent, who owned the subject lands, sought to hold the appeal in abeyance pending the outcome of parallel civil litigation regarding a purchase agreement for the lands.
The appellant brought a motion for directions seeking declarations that it was the owner of the site plan application, that the appeal was valid, and that the matter should not be held in abeyance.
The Tribunal found that the appellant had been acting as an agent for the respondent and that this agency had been revoked.
Applying a strict interpretation of 'owner' under s. 114(15) of the City of Toronto Act, the Tribunal concluded that proceeding with the appeal while ownership was being litigated could lead to absurd results.
The Tribunal dismissed the appellant's motion and adjourned the appeal sine die pending the outcome of the civil litigation.