Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211
Toronto, Ontario M4R 1B9
2023-03-03
22 182877 S45 11 TLAB
Carapetian v. Bauer, 2023 ONTLAB 34
INTERIM DECISION AND ORDER
Issuance Date:
March 3, 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):
T. Bauer
Applicant(s):
P. Carapetian
Property Address:
194 Rosedale Heights Drive
COA File No.:
22 130665 STE 11 MV (A0396/22TEY)
TLAB Case File No.:
22 182877 S45 11 TLAB
Hearing Date(s):
December 1, 2022
Decision Delivered By:
TLAB Panel Member S. Gopikrishna
REGISTERED PARTIES AND PARTICIPANTS:
People Type
Name
Representative
Applicant
P. Carapetian
M. Kemerer
Appellant
T. Bauer
Participant
Y. Gao
Participant
Moore Park Residents Association
G. Bogden
INTRODUCTION AND CONTEXT
1On February 16, 2023, the TLAB issued an Interim Decision, requesting the Parties involved with the Appeal respecting 194 Rosedale Heights Drive, to provide their availability for the months of March, 2023 and April 2023, to schedule the reminder of the Proceeding. They were instructed to reply to the TLAB by February 24, 2023.
2Both the Parties responded by February 18, 2023, with their availability in the months of March and April. On the basis of the dates given, the Applicants are available only on the following days:
In March 2023- 2, 3,6,7,8, 20, 23, 24,27, 28, 29, 30 and 31 March
In April 2023- 20, 21 and 24
3The Appellants indicated that from the dates provided by the Applicants in Paragraph 2 above, they would not be available on March 2, 2023 and March 3, 2023. It is important to note that both Parties indicated their preference for a March 2023 Hearing, rather than an April 2023 Hearing
I take this opportunity to acknowledge, and thank the Parties for adhering to the deadlines provided in the Interim Decision and Order
ISSUES AND ANALYSIS
4Notwithstanding the fact that both the Applicants and Appellants are available on more days in March 2023 than in April 2023, and have indicated their preference for a Hearing in March 2023, the TLAB finds that it cannot schedule Hearings on any of the days listed in March 2023, because of the lack of my availability, or the numbers of Hearings that have already been scheduled by the TLAB on those days.
5At this point in time, the earliest dates on which the Parties, TLAB and myself are all available are April 21, 2023, and April 24, 2023. By way of this Interim Decision and Order, the TLAB orders a two day hearing, on April 21, 2023 and April 24, 2023, on the basis of the reasoning provided in the following paragraphs.
6While it is hoped that the Proceeding can be completed in one (1) day, a second Hearing day has been identified with an abundance of caution, in order to shorten the gap between the Hearing days, if two days were needed- this would allow us to complete the Proceeding in the shortest period of time.
7I believe that it would be prudent to list the issues that have to be addressed at the Hearing(s) by the Parties, in the interests of a shared understanding of what may be expected at the Hearing(s):
The qualification of the Applicant’s Architect as an Expert Witness, and the completion of her Evidence-in-Chief, followed by Cross-Examination, and Re-Examination
The completion of the Applicant’s Planner’s Evidence-in-Chief, followed by Cross-Examination, and Re-Examination
The completion of the Appellant’s Evidence-in-Chief, followed by Cross-Examination, and Re-Examination.
Reply Evidence from the Applicants
Oral Argument
Some of the topics listed above are expanded upon in the following paragraphs
8The Appellants raised questions about the recognition of the Applicants’ Architect as an Expert Witness at the Hearing completed on December 1, 2022- the issue of recognition can be addressed, and decided on the basis of submissions from the Parties, before the Architect takes the stand at the next Hearing, unless it has already been resolved through mutual discussion. I understand that there is no controversy about the recognition of the Applicant’s Planner as an Expert Witness- notwithstanding my understanding, I intend to follow conventional process, and ask the Appellants if they have questions regarding the Witness’ qualifications, before making a decision to formally recognize the Witness in question, as an Expert.
The Applicants can decide the order in which they want to present their Witnesses.
9While the Applicants are represented by counsel, and witnesses, the Appellant is his own witness. As a result, after the completion of Cross-Examination by opposing counsel, the Appellant will be allowed to comment on planning issues that he did not bring up during his Examination-In-Chief, but were raised by opposing Counsel during Cross-Examination.
10After the completion of Reply evidence from the Applicant, the Parties will be given half an hour each to complete Oral Argument. The Parties are requested to forward any authorities that they will rely on during Argument to the TLAB by the end of day on April 17, 2023. Receiving the cases that will be relied upon by the Parties a few days before the Hearing will provide me with an opportunity to review the same, understand their applicability to the Appeal before me, and ask questions of the Parties where appropriate.
I note that no time limits have been imposed on other components of the Proceeding, other than Oral Argument. While the Proceeding is designed to be fluid, and flexible enough to provide optimal opportunities to the Parties to provide evidence in a fulsome manner, I expect that the Parties will be efficient with their evidence, and endeavour to make the best possible of time.
INTERIM DECISION AND ORDER
11The Appeal respecting 194 Rosedale Heights Drive will be completed through Hearings scheduled to be held on April 21, 2023 and April 24, 2023, through videoconferences to be hosted on a Webex platform.
12The Parties will be given half an hour each to complete Oral Argument after both Parties have completed giving their evidence. They are requested to electronically submit cases that will be relied upon during Oral Argument to the TLAB, by the end of the day on April 17, 2023.
So orders the Toronto Local Appeal Body
S. Gopikrishna
Panel Member