Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2023-04-05
22 238761 S45 03 TLAB
Himel v. Long Branch Neighbourhood Association, 2023 ONTLAB 63
MOTION DECISION AND ORDER
Issuance Date:
April 5, 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):
MOHAMMED HIMEL
Applicant(s):
DAVID IGELMAN
Property Address:
43 TWENTY FOURTH ST
COA File No.:
21 218404 WET 03 MV (A0496/21EYK)
TLAB Case File No.:
22 238761 S45 03 TLAB
Hearing Date(s):
April 11, 2023
Decision Delivered By:
TLAB Panel Member T. Yao
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
D. Ingelman
Appellant
M. Himel
C. Kapelos (RITCHIE KETCHESON HART & BIGGART, LLP)
Participant
LONG BRANCH NEIGHBOURHOOD ASSOCIATION
1On March 14, 2023, Long Branch Neighbourhood Association brought a motion to cure its inadvertence in failing to elect to become a party. It ought to have elected by February 9; 2023 but realized its error by March 2, 2023. It entered into negotiation with Ms. Kapelos (lawyer for the Appellant) on March 2, 2023. Ms. Kapelos refused to consent to waiving a late election. At all times the Appellant has met the deadlines. The Association then sought a motion date from staff, who asked for direction from me. I asked to have a teleconference date, but events overtook that request, and the matter has now become a written motion returnable on March 28, 2023. Ms. Kapelos filed a written reply to on March 21, 2023; and her supporting affidavit clarifies helpfully that she understands Christine Mercado and Andy Choles are seeking participant status and Long Branch Neighbourhood Association seeks party status. The affidavit also cites many technical defects in the motion and notes:
At the time of preparing these documents [of its client], the Appellant was unaware of the desire of these three (3) individuals to participate in the hearing.
2The Association does not wish to delay and on March 29, 2023, and filed its document disclosure on the basis that if allowed to become a party, the applicant should have the earliest possible disclosure.
3In my view the motion should succeed, and I should have the benefit of whatever the Association has to say about the appeal, which is from a refusal of the Committee of Adjustment. Because of the confusion about return dates of the motion, this order will be issued only a week before the expected hearing date of April 11, 2023. The parties should obviously discuss with each other prior to this date whether any further document disclosure is necessary, but I am proceeding on the basis that we are dealing with a hearing scheduled for only one day, with parameters and issues that are known to all stakeholders. The hearing will go forward as if there had been no mix-up in the prehearing period.
DECISION AND ORDER
4Christine Mercado and Andy Choles are granted participant status and Long Branch Neighbourhood Association is granted party status. The TLAB will accept and post on its website whatever late document disclosures have been filed to date and will be filed in the future.
T. Yao
Panel Member