Nhan v. Toronto (City), 2023 ONTLAB 64

40 Orchard View Blvd, Suite 253

Toronto, Ontario M4R 1B9

Date:

2023-04-05

22 223844 S45 18 TLAB

Nhan v. Toronto (City), 2023 ONTLAB 64

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):

Applicant(s):

Property Address:

100 GREEN BUSH RD

COA File No.:

22 158689 NNY 18 MV (A0514/22NY)

TLAB Case File No.:

22 223844 S45 18 TLAB

Decision Delivered By:

TLAB Panel Member G. Swinkin

People Type

Name

Representative

Appellant

A. Nhan

Applicant

Arani Architecture

Party (TLAB)

City of Toronto

C. Dougherty

INTRODUCTION AND CONTEXT

A. Nhan (the “Appellant”) filed an appeal to the Toronto Local Appeal Body (the “Tribunal”) with respect to a refusal decision of the Committee of Adjustment regarding the property municipally known as 100 Green Bush Road (the “Property).
On intake of the appeal filing, staff at the Tribunal identified various non-conformities with the Tribunal’s requirements and issued to the Appellant an Administrative Screening Notice, which set out the matters to be rectified.
That Notice specified a date by which the corrected Form 1 was to be filed. That date has passed and the Appellant has not filed a corrected Form 1.
Rules 8.3 and 8.4 of the Tribunal’s Rules of Practice and Procedure state that if there has not been compliance with the Notice within five days of the expiry of the date of the Notice, then the matter is to be referred for adjudicative screening under Rule 9 of the Tribunal’s Rules.
The matter has been referred for adjudicative screening.
This Order is a result of that adjudicative screening.

The Appellant was instructed in the administrative screening Notice to check the appropriate boxes with respect to the nature of the appeal.
The Appellant was instructed in the administrative screening Notice to show only one Appellant name rather than the two which were entered.
The Appellant was instructed to provide full contact particulars for the Appellant.
The Appellant was instructed to show only one legal representative.
A revised Form 1 with these matters corrected has not to date been received by the Tribunal.

For the benefit of the Appellant, in Part 1 of the Form 1, with reference to Section 45 of the Planning Act, the correct box to be checked is the first one referring to Section 45(1) and the box which was checked should not be checked.
As there is no consent appeal, no box should be checked under the reference to Section 53.
As noted by Tribunal staff, a single appellant should be identified. In this instance, the first name which was entered has been administratively assigned to this appeal and therefore, the name of Hung K. Nhan should be removed.
In the spaces below in Part 4, a full mailing address, an email address and a phone number should be set forth.
Two legal representatives have been shown. The entry should be modified to confine the identification of legal representative to one person, with full contact particulars.
Although not noted in the Administrative Screening Notice, greater elaboration of the reasons for appeal would be advantageous to all involved.

The foregoing corrections should be made and a corrected Form 1 should be filed with the Tribunal within 7 days of the date of issuance of this Order.
If the Appellant fails to make the required corrections and re-file within the stipulated period, the Tribunal will consider use of its authority to dismiss this appeal without a hearing.
On a parenthetic note, especially as the City of Toronto has elected Party status in this appeal, the Appellant would be well advised to obtain informed assistance concerning the Tribunal’s Rules relating to the pre-filing of witness and documentary evidence in advance of the hearing.

The Tribunal ORDERS that the corrections to Form 1 as identified in paragraphs 13 to 17 above shall be effected and a corrected Form 1 be filed with the Tribunal within 7 days of the date of issuance of this Order.

G. Swinkin

Panel Member