Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2023-09-18
23 172266 S45 02 TLAB
Lem (Re), 2023 ONTLAB 134
INTERIM DECISION AND ORDER
Issuance Date:
September 18, 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):
J. LEM
Applicant(s):
IN ROADS CONSULTANTS
Property Address:
17 COURTSFIELD CRES
COA File No.:
23 123401 WET 02 MV (A0195/23EYK)
TLAB Case File No.:
23 172266 S45 02 TLAB
Hearing Date(s):
November 24, 2023
Decision Delivered By:
TLAB Vice-Chair A. Bassios
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
J. LEM
A. PLATT
Applicant
IN ROADS CONSULTANTS
Party
CITY OF TORONTO
M. LAFORTUNE
A. WARD
INTRODUCTION AND CONTEXT
1On July 1, 2023, a Notice of Hearing was issued for this matter, setting a Hearing date of October 25, 2023.
2On August 24, 2023, the TLAB received a request from the Appellant’s legal representative requesting, with consent of all Parties, that the Hearing be adjourned to a later date.
3Potential Hearing dates were provided with the request for adjournment and in accordance with TLAB Rule 17.2, an “adjourn to” hearing date was identified without need for a Motion.
4A revised Notice of Hearing was issued on August 30, 2023, identifying November 24, 2023 as the new Hearing date for this Appeal.
5Subsequent to the issuance of the revised Notice of Hearing, the City’s legal representative wrote to the TLAB to request extensions to the deadlines set out in the Notice of Hearing. The request for deadline extensions has been made with consent of the Appellant’s counsel.
THE LEGISLATIVE AND POLICY FRAMEWORK
6TLAB Rules 16.2 to 16.10 set timelines for the submission of Document Disclosures, Witness Statements, Participants Statements, Expert Witness Statements, Responses and Replies, as well as deadlines for Notices of Motion.
SUMMARY OF EVIDENCE
7The Parties to the Appeal have made a mutual request to revise the submission dates as set out in the Decision and Order section below.
8The request from the Parties indicated that continuing discussions were happening between the Parties in an attempt to resolve the Appeal.
9The Appellant’s counsel requires additional time to obtain instructions with regard to the Appeal.
ISSUES AND ANALYSIS
10The rescheduling of the Hearing date has provided the Parties with additional time before the set date for a potential contested hearing of this matter.
11The leeway provided by a delayed Hearing date facilitates a revision of the document submission dates, including Witness Statements and Expert Witness Statements. The available time is best used in an attempt to settle this matter.
12The revised submission dates that the Parties have proposed approximate the TLAB conventional timelines in advance of a scheduled hearing.
CONCLUSION
13The suggested revised deadlines for document submissions are reasonable in the light of the delayed Hearing date.
14Attempts to settle the Appeal without a contested Hearing are to be supported.
DECISION AND ORDER
15The deadlines set out in the Notice of Hearing issued on August 30, 2023 are revised as follows:
I. Document Disclosure: from September 19, 2023 to October 19, 2023,
II. Witness Statement/Participant Statemen/Expert Witness Statement: from September 19, 2023 to October 19, 2023,
III. Response to Witness Statement/Expert Witness Statement: from October 4, 2023 to November 3, 2023,
IV. Reply to Response to Expert Witness Statement: from October 16, 2023 to November 15, 2023, and
V. Notice of Motion: from October 10, 2023 to November 9, 2023
A. Bassios
TLAB Vice-Chair