Toronto Local Appeal Body

40 Orchard View Blvd, Suite 211

Toronto, Ontario M4R 1B9

Date:

2023-02-17

22 206686 S45 03 TLAB

Kearney v. Remarkable Building Group, 2023 ONTLAB 19

MOTION DECISION AND ORDER

Issuance Date:

February 17, 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):

Remarkable Building Group

Applicant(s):

Drew Laszlo Architect

Property Address:

196 Lake Shore Drive

COA File No.:

22 168515 WET 03 MV (A0366/22EYK)

TLAB Case File No.:

22 206686 S45 03 TLAB

Motion Hearing Date:

February 15, 2023

Decision Delivered By:

TLAB Panel Member G. Swinkin

REGISTERED PARTIES AND PARTICIPANTS:

People Type

Name

Representative

Owner

Remarkable Building Group

Applicant

Drew Laszlo Architect

Appellant

Remarkable Building Group

A. Stewart

Expert Witness

P. Doherty-Howe

Participant

B. Gardhouse

Participant

S. P. Kearney

Participant

L. Rahkola

Participant

V. Darji

Participant

R. J. Sawdy

Participant

M. Bacchus

Participant

G. Richardson

Participant

S. C. Sawdy

Participant

N. Lutz

Participant

M. Foley

Participant

F. Bruno

Participant

R. Rath

Participant

S. N. Van Kampen

Participant

K. Marynick

INTRODUCTION AND CONTEXT

1. Susan P. Kearney has filed an election for Participant status in the appeal proceeding brought by Remarkable Building Group (the “Appellant”) with respect to the refusal decision rendered by the Committee of Adjustment (the “Committee”) regarding the application for variance relief with respect to 196 Lake Shore Drive (the “Property”).

2. Ms. Kearney owns the property immediately adjacent to the Property and has concerns about the potential impact of the proposed redevelopment of the Property on her property.

3. Ms. Kearney participated in the Committee hearing by making submissions to the Committee in opposition to the application.

4. Since the filing of the appeal and the scheduling of the hearing before the Toronto Local Appeal Body (the “Tribunal”) Ms. Kearney has taken steps toward participation in the Tribunal hearing.

5. Ms. Kearney has filed an election to be a Participant.

6. Ms. Kearney has retained an architect, Pamela Doherty-Howe, to give evidence in the proceeding, and Ms. Doherty-Howe has filed an expert witness statement.

7. Ms. Kearney has now filed a Motion to upgrade her status from Participant to Party and to seek relief from the date by which that upgrade to her status should have been sought.

THE REGULATORY FRAMEWORK

8. Tribunal Rule 13.8 (b) allows a Participant to bring a Motion to seek Party status.

9. Tribunal Rule 2.12 authorizes the Tribunal to grant all necessary exceptions to the Rules, or grant other relief as it considers appropriate, to enable it to effectively and completely adjudicate matters before it in a just, expeditious and cost-effective manner.

SUMMARY OF EVIDENCE

10. Ms. Kearney filed her own affidavit in support of the Motion. It sets out her involvement in this matter and her lack of procedural knowledge and experience.

11. She wishes to call an expert witness in the Tribunal proceeding.

12. She either was subsequently advised or came to appreciate that a Participant is not permitted to call witnesses in a proceeding, which entitlement is reserved to a Party.

13. She is therefore seeking to preserve her ability to call Ms. Pamela Doherty-Howe and has brought this motion to upgrade her status to that of Party.

14. Bearing in mind that the date by which Party election was to be made was December 23, 2022, she is also seeking dispensation to allow this election to be effected after that date.

ISSUES AND ANALYSIS

15. Based upon the Motion material, the Tribunal is satisfied that Ms. Kearney is not experienced in Tribunal procedure and made what appears to be an innocent error in judgment in filing an election as Participant.

16. In order for Ms. Kearney to be able to call Ms. Doherty-Howe, it is essential that she have Party status.

17. No Response in opposition to the Motion was filed.

CONCLUSION

18. The Tribunal is satisfied that its ability to adjudicate this matter in a fair and just manner supports the adjustment of status of Ms. Kearney from Participant to Party and that the filing date for that purpose for her be waived.

DECISION AND ORDER

19. The Tribunal ORDERS that the status of Susan P. Kearney in this proceeding is adjusted from Participant to Party and that the filing of election for that purpose is waived.

G. Swinkin

Panel Member