Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2023-12-14
23 185787 S53 20 TLAB
23 185788 S45 20 TLAB
23 185789 S45 20 TLAB
Rahman (Re), 2023 ONTLAB 174
INTERIM DECISION AND ORDER
Issuance Date:
December 14, 2023
PROCEEDING COMMENCED UNDER Section 53, subsection 53(19), Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s):
A K M MAHFUZUR RAHMAN
Applicant(s):
P. JARUCZIK
Property Address:
151 MAYBOURNE AVE
COA File No.:
23 101223 ESC 20 CO (B0001/23SC)
23 101231 ESC 20 MV (A0015/23SC)
23 101232 ESC 20 MV (A0016/23SC)
TLAB Case File No.:
23 185787 S53 20 TLAB
23 185788 S45 20 TLAB
23 185789 S45 20 TLAB
Hearing Date(s):
December 11, 2023
Decision Delivered By:
TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
P. JARUCZIK
Appellant
A K M MAHFUZUR RAHMAN
M. MAZIERSKI
Participant
G. PANAGOPOULOS
Participant
K. H. SUNG
Participant
L. I. SUK-CHING
Participant
C. G. LICATA
Participant
N. MICHAEL F
Participant
D. K. SARMA
Participant
A. HOSSAIN
Participant
S. MAKOL
Participant
T. BRYSON
Participant
L. SANDERS
Expert Witness
J. BENCZKOWSKI
INTRODUCTION AND CONTEXT
1This is an appeal from decisions of the Committee of Adjustment to approve a consent to create two under sized lots and variances to construct a dwelling on each lot. At the commencement of the hearing the applicant/appellant gave evidence that the plans for the dwellings had been changed and that a number of variances were no longer necessary. In displaying the changed plans, it became evident that there was confusion as to whether the revised plans submitted were indeed revised. Those plans had been submitted the morning of the hearings.
THE LEGISLATIVE AND POLICY FRAMEWORK
2It is clear under the TLAB Rules of Practice and Procedure the member has broad authority to conduct the hearing.
SUMMARY OF EVIDENCE
3The exact details respecting the dwellings to be constructed was unclear as it was unclear which plans were to govern the construction. The parties agreed that the hearing should be adjourned to December 18, 2023, in order for the applicant/appellant to clarify which plans were to be the subject of the hearing.
ISSUES AND ANALYSIS
4It is imperative that all parties and TLAB are aware of the relevant plans to be the subject of the hearing. The Applicant/appellant should provide the revised plans and original plans prior to the commencement of the hearing in order that the participants have ample opportunity to examine them.
CONCLUSION
5The hearing should be adjourned to December 18,2023. The revised plans and original plans and any additional revised material to be subject of the hearing should be served on all the participants on or before December 13, 2023, by the applicant/appellant so the participants have ample opportunity to review them. All plans should be off the same scale.
DECISION AND ORDER
6The hearing is adjourned to December 18, 2023. The revised plans and original plans and any additional revised material to be subject of the hearing shall be served on all the participants on or before December 13, 2023, by the applicant/appellant. All plans shall be of the same scale.
S. Makuch
Panel Member