Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211
Toronto, Ontario M4R 1B9
2023-02-14
21 132798 S45 01 TLAB
Nanu v. Bhardwaj, 2023 ONTLAB 10
INTERIM DECISION AND ORDER
Issuance Date:
February 14, 2023
PROCEEDING COMMENCED UNDER Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s):
Alexandru Ion Dragos Nanu
Applicant(s):
Peter Vozikas
Property Address:
6 Benstrow Ave
COA File No.:
20 170209 WET 01 MV (A0274/20EYK)
TLAB Case File No.:
21 132798 S45 01 TLAB
Hearing Date(s):
December 8, 2022
Decision Delivered By:
TLAB Panel Member S. Gopikrishna
REGISTERED PARTIES AND PARTICIPANTS:
People Type
Name
Applicant
P. Vozikas
Owner
S. Bhardwaj And N. Sharma
Appellant
A. Nanu
INTRODUCTION AND CONTEXT
1On December 12, 2022, the Toronto Local Appeal Body (TLAB) sent out an Interim Decision, regarding the Appeal respecting 6 Benstrow, reflecting the instructions issued to the Applicants at the Hearing completed on December 8, 2022. In this Interim Decision and Order, the Applicants were instructed to submit the following document as soon as possible to the TLAB:, with a copy to Party Nanu
The new Zoning Notice obtained from the City of Toronto
Plans and Elevations reflecting the variances listed in the new Zoning Notice
Permit from the TRCA indicating their lack of objection to the Applicant’s proposal, based on the new Plans and Elevations
2Mr. Vozikas, Agent for the Applicants, stated that it would be possible to obtain these documents by the end of January 2023.
3As of today (February 13, 2023), there is no update from the Applicants about the availability of these documents. The Applicants are asked to provide an update about when these documents will be available by the end of the day on February 22, 2023 (Wednesday)
4The Applicants may be reminded that the TLAB cannot hold a file open on an indefinite basis. The Tribunal has been very patient with how this Proceeding has unfolded, and has granted multiple adjournments in the spirit of cooperation. The Applicants need to understand that they bear the onus of ensuring that information is provided to the TLAB in a meaningful and timely fashion, failing which the TLAB will issue a “Show Cause Notice” to dismiss the Proceeding without a Hearing.
5Should a Show Cause Notice be issued, the Applicants will have to justify why the Proceeding should be allowed to continue, notwithstanding the lack of any significant progress to complete the same.
INTERIM DECISION AND ORDER
6The Applicants are herewith instructed to update the TLAB by the end of day on February 22, 2023, about when will the following documents be made available:
The new Zoning Notice obtained from the City of Toronto Plans
Plans and Elevations reflecting the variances listed in the new Zoning Notice,
Permit from the TRCA indicating their lack of objection to the Applicant’s proposal, based on the new Plans and Elevations
7Should the Applicants not comply with the instructions, and provide meaningful and realistic updates, the TLAB may issue a “ Show Cause Notice”, as a result of which the Applicants will have to explain why should their Appeal be allowed to proceed forward, notwithstanding any significant progress with submission of documents.
So orders the Toronto Local Appeal Body
S. Gopikrishna
Panel Member