Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211 Toronto, Ontario M4R 1B9
21 177287 S53 05 TLAB
9328475 Canada Corp (Re), 2023 ONTLAB 11
INTERIM DECISION AND ORDER
Issuance Date: February 14, 2023
PROCEEDING COMMENCED UNDER Section 53, subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s): 9328475 Canada Corp
Applicant(s): Constantine Architectural Design
Property Address: 18 Lamont Drive
COA File No.: 20 201368 WET 05 CO (B0044/20EYK)
TLAB Case File No.: 21 177287 S53 05 TLAB
Hearing Date(s): November 29, 2022
Decision Delivered By: TLAB Panel Member S. Gopikrishna
REGISTERED PARTIES AND PARTICIPANTS:
People Type
Name
Representative
Applicant
Constantine Architectural Design
Appellant
9328475 Canada Corp
Constantine Architectural Design
INTRODUCTION AND CONTEXT
1At the Hearing completed on November 29, 2022, I instructed the Applicants that adjournment would be granted " on the clear understanding" that they ( i.e. the Applicants) would work closely with their planner to identify how best the Appeal could be heard, including specific answers to the following questions:
Whether to proceed by way of a consent to sever the property, or build a single house on the existing property, or other options that had not been discussed
A recitation of the details of the requested severance, and variances, where appropriate, to build the house(s) in question
Plans and Elevations of the building(s) reflecting what the Applicants planned to build at the Site.
2By way of an Interim Decision dated December 13, 2022, I asked Mr. Marko Dedvukay, Spokesperson for the Applicants to complete these submissions to the TLAB, as soon as possible, with a list of dates in February 2023, and March 2023, when the planner, and himself would be available to present evidence to the TLAB.
3As of February 13, 2023, there has unfortunately been no communication from the Applicants about how they wish to proceed, or when can they can proceed.
4I wish to impress on the Applicants that no file can remain indefinitely open before the TLAB, and that they have to be proactive with their submissions, to complete the Hearing. The Applicants may not assume, or interpret the TLAB’s flexibility, and willingness to agree to adjournments, to mean that that the Appeal can be indefinitely open, till the Applicants are finally ready to proceed- in the interests of ensuring timely completion of Appeals, the TLAB is within its rights to order a Hearing, even if the Applicants are not prepared to proceed, or issue a “Show Cause” Notice, where the Applicants have to convince the Panel not to dismiss the Appeal without a Hearing.
5I herewith order the Applicants to reach out to the TLAB by February 22, 2023, with a Witness Statement outlining answers to the questions listed in bullet point form above, followed by their availability in March 2023, so that the Hearing can be completed.
6Should the Applicants not respond to this Decision of the TLAB, or should they fail to provide reasonable and meaningful answers to the questions asked of them by way of this Interim Decision, the TLAB will issue a Show Cause Notice, as described above.
INTERIM DECISION AND ORDER
7The Applicants for the Appeal respecting 18 Lamont Avenue, are herewith ordered to inform the Toronto Local Appeal Body by February 23, 2023, about whether they want to proceed with a severance application, in conjunction with houses to be built on both lots, or build a single house on the existing lot, and submit Plans and Elevations that reflect their decision, as soon as possible to the Toronto Local Appeal Body.
8The Applicants need to inform the TLAB of their availability by February 23, 2023, about their availability in the month of March 2023, so that the TLAB can send out a Notice of Hearing with relevant deadlines.
9Should the Appellants not respond to the instructions in this Interim Decision by February 23, 2023, the TLAB will issue a “Show Cause” Notice, asking the Appellants to explain why the Appeal should not be dismissed without a Hearing, when they have not been able to demonstrate any meaningful progress since they appealed to the TLAB in 2021.
So orders the Toronto Local Appeal Body
S. Gopikrishna
Panel Member