Toronto Local Appeal Body
40 Orchard View Blvd, Suite 211
Toronto, Ontario M4R 1B9
2023-04-26
21 177287 S53 05 TLAB
9328475 Canada Corp (Re), 2023 ONTLAB 74
FINAL DECISION AND ORDER
Issuance Date:
April 26, 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):
9328475 Canada Corp
Applicant(s):
Constantine Architectual Design
Property Address:
18 Lamont Drive
COA File No.:
20 201368 WET 05 CO (B0044/20EYK)
TLAB Case File No.:
21 177287 S53 05 TLAB
Hearing Date(s):
April 13, 2023
Decision Delivered By:
TLAB Panel Member S. Gopikrishna
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
Constantine Architectural Design
Appellant
9328475 Canada Corp
Constantine Architectural Design
INTRODUCTION AND CONTEXT
1The TLAB issued a "Show Cause" Notice on February 28, 2023 to the Applicants, who are also the Appellants, for the Appeal respecting 18 Lamont Avenue. The TLAB ordered the Applicants to attend a Hearing scheduled for 10 AM on April 13, 2023. It is important to note that the Applicants/Appellants are the sole Party involved in this Proceeding, and that there are no other Parties, nor Participants, involved in this Hearing.
2There was no response whatsoever from the Applicants, or their Representatives, in response to the aforementioned "Show Cause" notice.
3At the Hearing held on April 13, 2023, neither the Applicants, nor their Representatives, were in attendance, notwithstanding my waiting from 10 AM to 10:35 AM, to admit any individual(s) who may have been late to come to the Hearing.
4I wrote to the TLAB staff, to see if any communication had been received from the Applicants/Appellants regarding their absence from the Hearing, and was advised on April 20, 2023, that no communication had been received from the Party.
ANALYSIS AND REASONS
5I find that the Party's cavalier attitude towards submissions throughout the Proceeding, juxtaposed on their lack of attendance at the Hearing held on April 13, 2023 without providing any reasons before, or after the Hearing to the TLAB, speaks to a lack of respect for the TLAB, and its efforts to hold a Hearing to hear their Appeal.
6The TLAB has attempted to work with the Applicants over a one and half year period, to help the latter complete their documentation, and present their evidence. Despite numerous adjournments, including some which were granted in order to accommodate the schedule of a planner who the Applicants claimed to have retained to present their case before the TLAB, no Witness Statements, nor submissions were received by the TLAB
7Given the lack of cooperation and progress throughout the course of this Proceeding, the TLAB will act on the "Show Cause" Notice issued, and dismiss this Appeal without a Hearing. The TLAB's dismissal of this Appeal, means that the decision of the Committee of Adjustment, dated June 3, 2021, is confirmed.
FINAL DECISION AND ORDER
8The Toronto Local Appeal Body dismisses the Appeal respecting 18 Lamont Avenue, without a Hearing. The decision of the Committee of Adjustment, dated June 3, 2021, respecting 18 Lamont Ave, is confirmed.
So orders the Toronto Local Appeal Body
S. Gopikrishna
Panel Member