Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211
Toronto, Ontario M4R 1B9
2023-02-28
21 177287 S53 05 TLAB
9328475 Canada Corp (Re), 2023 ONTLAB 28
INTERIM DECISION AND ORDER- SHOW CAUSE NOTICE TO DISMISS THE APPEAL WITHOUT A HEARING
Issuance Date:
February 28, 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):
9328475 Canada Corp
Applicant(s):
Constantine Architectual Design
Property Address:
18 Lamont Drive
COA File No.:
20 201368 WET 05 CO (B0044/20EYK)
20 201384 WET 05 MV (A0404/20EYK)
20 201543 WET 05 MV (A0405/20EYK)
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
1As stated clearly at the Hearing completed on November 29, 2022, and reiterated in my Interim Decision dated February 13, 2022. I instructed the Applicants that an adjournment had been granted to the Applicants “ 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.
2It is important to emphasize that the TLAB identified 23 February, 2023, as the deadline for the Applicants to contact the TLAB with answers to the previous questions. The Decision dated February 13, 2023, made it clear that the TLAB had the jurisdiction to issue a “Show Cause” Notice to the Applicants, and would exercise the right in case the Applicants did not respond to the Decision with meaningful information.
3On February 22, 2023, the TLAB received a response from Alan Logan, who, as I understand, works for the Appellant or the Applicant in this Appeal. The response is reproduced below:
From: alogan@idirect.com alogan@idirect.com
Sent: February 22, 2023 12:34 PM
To: Toronto Local Appeal Body
Cc: mark_jagg@yahoo.com; cadesignplan@gmail.com
Subject: T-LAB File Case #21 177287 S53 05 TLAB
T-LAB File Case #21 177287 S53 05 TLAB
COA File #20 201368 WET 05 CO(B0044/20EYK)
To T-Lab Chair,
After careful consideration with increasing costs and extensive reviews - and recommendations by experts and city planners.
“We need to pursue a variance appeal”. However, at that time June 2021, the deadline was missed by 12 hours due to Internet grid failure in Muskoka Ontario area.
Although, the Committee of Adjustment did receive our email response the next day, but refused acceptance due missed deadline. We are kindly asking, if we may be granted this variance appeal with Committee of Adjustment.
Thank you on behalf of Canada Corp 9328475, Alan Logan
ISSUES AND ANALYSIS
4I am confused by the reply from the Applicants/Appellants, dated February 22, 2023, in response to my Decision dated February 13, 2023, which is reproduced above. The email, from what I understand, refers to challenges faced by them with filing documentation on, and before June 2021. Notwithstanding the challenge described, the Committee of Adjustment (COA) heard the Application on June 3, 2021, and refused the Application in its entirety. The Applicants appealed the decision of the COA to the TLAB on June 23, 2021. To reiterate, the TLAB started Hearing the matter on November 9, 2021- it is therefore difficult to understand the issues “ missed deadlines”, and being “granted this variance appeal with Committee of Adjustment”.
5To prevent further confusion, it is best that the Applicants meet with me by way if a video-conference to explain their issues.
6As stated in my earlier Interim Decision of February 13, 2023, the purpose of a Show Cause Notice is to provide the Applicants with an opportunity to explain why their Appeal should not be dismissed without a Hearing, because of the lack of demonstrable progress by the Applicants in meeting deadlines imposed by the Tribunal, including obtaining documents such as Expert Witness Statements, Plans and Elevations, without which it is impossible to proceed to a Hearing
7The TLAB Staff will reach out to the Applicants and provide them with dates in late March 2023, and early April 2023, to canvass which dates would best work for the Applicants to appear before the TLAB to complete the “Show Cause” Hearing discussed in this Decision.
8Should the Applicants not respond to the emails from the TLAB that will canvass dates by the deadline of March 7, 2023, the TLAB will unilaterally set a date for the Show Cause Hearing.
9Should the Applicants not attend the Hearing, or fail to provide reasonable and meaningful answers at the Show Cause Hearing explaining why the Appeal should be allowed to continue, the TLAB may dismiss the Appeal without a Hearing..
INTERIM DECISION AND ORDER- SHOW CAUSE NOTICE TO DISMISS THE APPEAL WITHOUT A HEARING
10This Interim Decision effectively serves as a Show Cause Notice to Dismiss the Appeal without a Hearing (“Show Cause Hearing”) to the Applicants for 18 Lamont Avenue. The purpose of the Hearing is to provide an opportunity to the Applicants to explain why the Appeal should not be dismissed by the TLAB, given the lack of progress in producing relevant documents since the beginning of this Proceeding.
11The TLAB Staff are herewith instructed to contact the Applicants for the Appeal respecting 18 Lamont Avenue, to establish their availability between the dates of March 20, 2023- April 20, 2023, to attend the Show Cause Hearing, which will be held electronically.
12Should the Applicants not respond to the email from the TLAB regarding their availability by March 7, 2023, the TLAB will unilaterally identify a date to complete the Show Cause Hearing, and issue a Notice of Hearing.
13Should the Appellants not attend the Show Cause Hearing, or provide convincing reasons to persuade the TLAB to allow the Proceeding to continute, the TLAB may dismiss the Appeal without a Hearing.
So orders the Toronto Local Appeal Body
S. Gopikrishna
Panel Member