Messow v. Lin, 2023 ONTLAB 22

40 Orchard View Blvd, Suite 211

Toronto, Ontario M4R 1B9

Date:

2023-02-23

21 209053 S45 19 TLAB

Messow v. Lin, 2023 ONTLAB 22

Issuance Date:

February 23, 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):

Mark Messow

Applicant(s):

Memar Architects Inc

Property Address:

290 Waverley Road

COA File No.:

21 112209 STE 19 MV (A0133/21TEY)

TLAB Case File No.:

2021 209053 S45 19 TLAB

Hearing Date(s):

February 16, 2023

Decision Delivered By:

TLAB Panel Member S. Gopikrishna

People Type

Name

Representative

Applicant

X. Lin

Z. Fleisher

Appellant

M. Messow

I. Flett

Expert Witness

A. Dales

Expert Witness

M. Manett

INTRODUCTION AND CONTEXT

1At the Hearing respecting 290 Waverley held on February 16, 2023, the Examinations-in-Chief, Cross-Examinations, and Re-examinations of the Witnesses for the Applicants, and Appellants, Mr. Andrew Dales, and Mr. Michael Manett respectively, were completed.

2After a discussion about what steps had to be taken to complete the Proceeding on the next Hearing date of March 7, 2023, it was agreed that the Re-Examination of the Applicants’ Witness would be followed by Oral Argument. I indicated to the Parties that I had questions for both Witnesses, while the Parties stated that they would need “about half-an-hour” each to complete Oral Argument.

3Mr. Fleisher also stated that he was scheduled for another Hearing at the TLAB for the same date, March 7, 2022. I emphasized to the Parties that I did not want to postpone this Hearing any further, given this matter’s history of adjournments, and that I wanted to complete the Proceeding in a reasonable and foreseeable period of time. Mr. Fleisher indicated that he would speak to the other lawyers involved in the other Appeal that he is scheduled to appear in, and see what could be done to reschedule the other Hearing he is involved with, to a different start time on the same date. No changes were suggested to when this Proceeding could begin, which continues to be 9:30 AM.

ISSUES AND ANALYSIS

4.After the Expert Witnesses for the Parties answer my questions, the Parties will each be given half-an-hour to complete Oral Argument. They are requested to electronically submit copies of any Authorities they will rely on during Argument to the TLAB by the end of the day on March 2, 2023 (Thursday), which will enable me to familiarize myself with the cases to be cited, before the Hearing scheduled on March 7, 2023.

5Given how close we are to the completion of this Proceeding, I am reluctant to consider any changes to the start time of this Proceeding, or the Hearing date itself- I fervently hope that this Proceeding will commence at 9:30 AM on March 7, 2023, and will be completed the same day.

INTERIM DECISION AND ORDER

6The Proceeding respecting 290 Waverley will be completed on March 7, 2023, through the means of an Electronic Hearing, to be facilitated on a Webex Platform. The Hearing scheduled for March 7, 2023, will commence at 9:30 AM.

7Each of the Parties will be given half an hour to complete their Argument.

8The Parties are requested to electronically provide copies of cases to be cited during Argument, to the TLAB by the end of day on March 2, 203 (Thursday).

So orders the Toronto Local Appeal Body

S. Gopikrishna

Panel Member```