Toronto (City) v. Wong, 2023 ONTLAB 103

40 Orchard View Blvd, Suite 253

Toronto, Ontario M4R 1B9

Date:

2023-06-15

23 111902 S45 18 TLAB

Toronto (City) v. Wong, 2023 ONTLAB 103

Issuance Date:

June 15, 2023

PROCEEDINGS COMMENCED UNDER subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant(s):

Applicant(s):

Property Address:

139 POYNTZ AVE

COA File No.:

22 225370 NNY 18 MV (A0714/22NY)

TLAB Case File No.:

23 111902 S45 18 TLAB

Hearing Date(s):

Monday, June 12, 2023

Decision Delivered By:

TLAB Chair D. Lombardi

People Type

First Initial. Last Name

Representative

Owner

B. Hew

Primary Owner

J. Leung

Applicant

Stones Throw Design Inc.

Appellant

City of Toronto

C. Dougherty

Party

T. Wong

INTRODUCTION AND CONTEXT

1This is a matter convened at the request of the Toronto Local Appeal Body (TLAB) in respect of an appeal by the City of Toronto (City) of an approval by the Committee of Adjustment (COA) for variances in respect of 139 Poyntz Avenue (subject property).

2A Prehearing Conference (PHC) was held on June 12, 2023, as permitted by Rule 21 of the Toronto Local Appeal Body’s (TLAB) Rules of Practice and Procedure (Rules). More specifically, Rule 21.6 outlines the matters to be dealt with in a Prehearing Conference.

3The purpose of convening the PHC was to discuss and obtain information and provide directions to the Parties regarding the City’s request to reschedule the August 9, 2023, Hearing in this matter.

4The Application is to permit the construction of a new second-storey addition above the existing foundation (one-storey bungalow), plus a new garage and a new one-storey addition on the subject property.

5The COA approved the Application for two (2) variances from the City-wide Zoning By-law 569-2013, with a condition, on January 19, 2023.

6On February 8, 2023, the City of Toronto appeal the COA’s decision to the TLAB because the Application does not satisfy the four statutory tests in s. 45(1) of the Planning Act.

7As a result, the TLAB set a hearing date for Wednesday, August 9, 2023, to hear this appeal matter. The Notice of Hearing (Form 2) outlined the various filing deadline dates, including a date to elect Party or Participant status (June 5, 2023), document disclosure (July 4, 2023), Witness statements (July 4, 2023), Expert Witness Statements (July 4, 2023) and Responses and Replies to Responses.

8On May 4, 2023, the City advised the TLAB by email that the Parties had resolved the matter on the basis of the existing plans that were before the COA (with a minor modification by way of a notation on the Site Plan) and requested that the TLAB schedule a settlement hearing on an expedited basis.

9In response, the TLAB advised the Parties that pursuant to Rules 12 and 13 of the TLAB’s Rules, the Tribunal must wait for the election of status (June 5, 2023) in the matter to pass before considering the scheduling of an expedited settlement hearing.

10As of June 5th, no other Parties or Participants other than the Applicant and the City of Toronto elected status in this appeal matter.

11Therefore, the TLAB is now prepared to consider the City’s request to reschedule the August 9th Hearing date and schedule an expedited Settlement Hearing for some time in early July 2023.

12The following people attended the PHC: the owners of the subject property, and their agent and architect, Terrel Wong (Stones Throw Design Inc.). The City of Toronto was represented by solicitors Colin Dougherty and Yasmeen Peer.

13Following discussions required to clarify procedural matters, it became apparent that the request from the City had been brought forward on consent and the there were no other outstanding issues requiring further clarification.

14Therefore, in order to move the proceeding along, I provided the Parties with four (4) possible Hearing dates within the first two weeks of July for the expedited Settlement Hearing: July 10th; 11th; 12th; and 14th. The Parties chose July 12th.

15Regarding the exchanges contemplated by Rule 12 (Party) of the TLAB, a schedule of dates to complete the filings necessary to accommodate the expedited Settlement Hearing was also tendered and discussed.

16Given that a settlement has been reached between the Parties and there are no concerns expressed in respect of the proposed new filing dates, they are set out in the order, below.

17These dates will be included in a new Notice of Hearing appointment that TLAB staff will issue.

DECISION AND ORDER

18The Hearing scheduled for August 9, 2023, is cancelled. TLAB staff will issue a new Notice for an expedited Settlement Hearing now scheduled for Wednesday, July 12, 2023.

19The Notice of Hearing will include only the following filing due dates reflective of the revised Hearing date of July 12th:

Document Disclosure as per Rule 16 Due no later than July 4, 2023
Witness Statement as per Rule 16.4 (Form 12) Due no later than July 4, 2023
Response to Witness Statement as per Rule 16.5 (Form 20) Due no later than July 7, 2023
Reply to Response to Witness Statement as per Rule 16.5 Due no later than July 10, 2023

20Unless otherwise varied, the Rules of the TLAB apply. The TLAB will issue a new Notice of Hearing based on the foregoing.

21The TLAB may be spoken to if issues arise.

D. Lombardi

Chair Panel Member