Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
File: 21 202909 S45 04 TLAB
INTERIM DECISION AND ORDER
Issuance Date: April 25, 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): STEPHANIA SLABY; TORONTO CONDO PLAN 1468
Applicant(s): BERNARD H WATT ARCHITECT
Property Address: 307 RIVERSIDE DR.
COA File No.: 21 124504 STE 04 MV (A0291/21TEY)
TLAB Case File No.: 21 202909 S45 04 TLAB
Hearing Date(s): April 17, 2023
Deadline Date for Closing Submissions/Undertakings: May 1, 2023
Decision Delivered By: TLAB Panel Member S. Gopikrishna
REGISTERED PARTIES AND PARTICIPANTS:
Appellant: S. SLABY Representative: W.H. ROBERTS
Appellant: TORONTO CONDO PLAN 1468 Representative: P. SMIRNOV
Applicant: BERNARD H WATT ARCHITECT
Party (TLAB): TERRA FIRMA HOMES CORPORATION Representative: A. STEWART
Expert Witness: T. MILLS
Expert Witness: F. ROMANO
Expert Witness: S. BRAVO
Participant: Z. GEORGIS
Participant: J. HARRISON
Participant: S. CELSI
Participant: M.I. DUDU
Participant: L. DIFRANCESCO
Participant: M. DUKIC
Participant: P. TRINZ
Participant: B. ARCHER
INTRODUCTION AND CONTEXT
1The Applicants and the Appellants involved with the Appeal respecting 307 Riverside Ave. followed through on the instructions issued in the Interim Decision dated March 28, 2023, and submitted the updated list of variances, plans and elevations, and authorities to be relied upon for the purposes of oral argument, by March 22, 2023. I take this opportunity to express my appreciation of the cooperation from the Parties, in regards to the aforementioned Interim Decision.
2The last Hearing of the Proceeding respecting 307 Riverside Ave. was completed on April 17, 2023. The details of the evidence, and submissions completed at this Hearing will be recited in the Final Decision and Order respecting 307 Riverside Ave. However, it is important to note that there was an acknowledgement from the Parties, that some of the issues raised by the Opposition, could be resolved through the imposition of conditions, should the variances be approved- my conclusion was both Parties saw merit in having mutual discussions to resolve their differences regarding the conditions.
3After the completion of Oral Argument, I thanked the lawyers representing the Parties for their cooperation, and able arguments throughout the length of "this long proceeding", and asked Ms. Stewart, the lawyer for the Applicant, to submit the updated set of variances, Plans and Elevations, together with suggestions for conditions to be imposed, if the variances were approved. I explained to the Parties that the documents requested were a "standard submission that I require of all Applicants in each and every Appeal that I preside over".
4When I asked Counsel for how much time would they need to have discussions about the conditions to be imposed, before communicating with the TLAB, both Counsel said that while "two weeks should be sufficient", they would "write to the TLAB if more time was needed".
5Based on this discussion, I stated that the Parties would be given time "until May 1, 2023" to complete the requested submissions. I also informed the Parties that they could write to the TLAB to ask for more time to complete their discussions, and make the requisite submissions
6I also informed the Parties that I would also set a deadline for separate submissions from them, regarding the conditions to be imposed on an approval, in case they could not agree on what they would be, despite protracted discussions, and that an Interim Decision would be sent out regarding the specifics of this deadline.
ISSUES AND ANALYSIS
7I am encouraged by the discussions between the Parties, both before, and after the Hearing completed on April 17, 2023, regarding their differences on various issues, including the conditions to be imposed, if the variances are approved.
8While such discussions are always encouraged, it is important that a deadline be imposed on the continuation of such discussions. The reason for the imposition of such a deadline is twofold- the first is to ensure an actual completion of the process of submissions, so that findings can be made on the requested variances, and consequently facilitate the issuance of Final Decisions and Orders. The second reason is to operationalize my conclusion, that conferring and conversations could result in a convergence of perspectives, a preponderance of the same may not necessarily result in a confluence of perspectives, but actually result in the development of divergences- in other words, more conversation may result in less convergence. As a result, I give the Parties time till June 1, 2023, to complete their discussions to see if a mutually agreeable set of recommendations regarding conditions can be submitted to the TLAB. If the Parties have still not arrived at an agreement by June 1, 2023, they are advised to make separate submissions on what conditions may be imposed by the TLAB, should it approve the variances requested by the Applicants.
9It is important to emphasize that the imposition of a final deadline of June 1, 2023, for separate submissions, discussed in Paragraph [8] above, is mutually exclusive of the deadline of May 1, 2023, which is discussed in Paragraph [5] of this Decision. In other words, the Parties still have an obligation to inform the TLAB, and request for more time, if they cannot submit the updated list of conditions by May 1, 2023. It may be reiterated that the Applicants have to include the final list of variances, Plans and Elevations reflecting these variances, alongside the final list of suggestions for conditions in their final submission.
INTERIM DECISION AND ORDER
10The Parties involved in the Appeal respecting 307 Riverside Ave., are given time till May 1, 2023, to complete their discussions, regarding recommendations for conditions to be imposed by the TLAB, should the variances be approved.
11Should more time be required to complete their discussions beyond May 1, 2023, the Parties are instructed to write to the TLAB, and request for more time to complete their discussions. It is important that they indicate how much time will be required to complete these discussions.
12Notwithstanding the deadlines discussed above in Paragraphs [11] and [12], the Parties are given time till June 1, 2023, to complete their discussions to submit a joint submission regarding recommendations for conditions to be imposed by the TLAB, should the variances be approved. Should the Parties not come to an agreement, regarding conditions to be imposed by this date, they may submit separate recommendations for conditions to be imposed, if the variances are approved.
Under these circumstances, the Applicants are instructed to submit the final list of variances, together with the final Plans and Elevations, reflecting the variances, together with the recommendations for conditions to be imposed, while the Appellants may submit recommendations for conditions to be imposed. If the variances were approved.
So orders the Toronto Local Appeal Body
S. Gopikrishna Panel Member