Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211
Toronto, Ontario M4R 1B9
2023-02-28
21 249590 S53 05 TLAB
21 249591 S45 05 TLAB
21 249592 S45 05 TLAB
Persechini v. Toronto (City), 2023 ONTLAB 29
DECISION AND ORDER
Issuance Date:
February 28, 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):
City of Toronto
Applicant(s):
Inroads Consultants
Property Address:
210 Maple Leaf Dr.
COA File No.:
21 109405 WET 05 CO (B0014/21EYK)
21 109409 WET 05 MV (A0059/21EYK)
21 109411 WET 05 MV (A0060/21EYK)
TLAB Case File No.:
21 249590 S53 05 TLAB
21 249591 S45 05 TLAB
21 249592 S45 05 TLAB
Hearing Date(s):
June 17, 2022; November 3, 4, 2022; and February 16, 17, 2023
Decision Delivered By:
TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
People Type
Name
Representative
Appellant
City of Toronto
C. McKeich
Applicant
In Roads Consultants
Party (TLAB)
J. Persechini
M. Mazierski
INTRODUCTION AND CONTEXT
1At the commencement of the hearing of this matter the parties agreed that there had been amendments to the original application. Those amendments were increases to the variances originally sought as a result of a reexamination of the original plans by the City’s Plans Examiner. The plans themselves had not been changed.
THE LEGISLATIVE AND POLICY FRAMEWORK
2The City, which had appealed the approval of the original variances granted by the Committee of Adjustment, did not object to the hearing proceeding respecting the revised amendments and the applicant, as well, was prepared to proceed with the revised application. However, the Planning Act in section 45 (18.1) states:
3“On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies who received notice of the original application under subsection (5) and to other persons and agencies prescribed under that subsection. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (7); 2017, c. 23, Sched. 5, s. 80.”
4No notice had been given of the revisions to the variances.
5However the Act also states:
(18.1.1) The Tribunal is not required to give notice under subsection (18.1) if, in its opinion, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 98 (5).
6No clear evidence was presented that the amendments to the original application were minor. Indeed, although they may be viewed as technical in nature, since the original plans had not been changed, they were, nevertheless, significant, and not minor, in that the variances were increased. The public, therefore, did not have proper notice of the variances to be considered at the hearing. It is important that persons who may be affected by variances have proper notice of the variances so they may fully understand them and thus have an opportunity to attend a proper hearing respecting them, if they so desire. In the absence of new notice such persons would not have had an opportunity of a proper hearing before the Committee of Adjustment or TLAB.
7Moreover, section 45(18.2) of the Planning Act provides as follows:
8Any person or public body who receives notice under subsection (18.1) may, not later than thirty days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (8); 2017, c. 23, Sched. 5.
9As a result of this provision, new notice would cause a delay of at least thirty days in the issuing of any decision. Therefore, the parties consented to an adjournment to an early date so that new notice can be issued prior to the hearing taking place, and delay would be minimal.
CONCLUSION
10Since the parties consent that new notice should be given of the revised variances and that a hearing date of April 13 and 14 2023 is acceptable, and can be scheduled by TLAB staff, the hearing should be adjourned to those dates.
DECISION AND ORDER
11This hearing respecting the revised variances is adjourned to April 13 and 14 2023 and notice of the new hearing dates with the revised variances will be provided forthwith to all persons who received notice of the hearing.
S. Makuch
Panel Member