Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
23 213723 S45 15 TLAB
FAR Architect Inc. (Re), 2024 ONTLAB 184
MOTION DECISION AND ORDER
Issuance Date: February 5, 2024
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): FAR ARCHITECT INC
Applicant(s): R. YEE
Property Address: 34 RUMSEY RD
COA File No.: 22 219265 NNY 15 MV (A0689/22NY)
TLAB Case File No.: 23 213723 S45 15 TLAB
Hearing Date(s): February 8, 2024
Deadline Date for Closing Submissions/Undertakings: January 24, 2024
Decision Delivered By: TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
| People Type | First Initial. Last Name | Representative |
|---|---|---|
| Appellant | Far Architect Inc | F. Abdolvahabi |
| Applicant | R. Yee | |
| Owner | K. Tiedje | A. Stewart |
| Party (TLAB) | City of Toronto | U. Gautam D. Abimbola |
| Party (TLAB) | A. Bow | |
| Party (TLAB) | A. Dhillon | |
| Party (TLAB) | S. Dhanju-Dhillon | |
| Party (TLAB) | S. Sood | |
| Party (TLAB) | B. Biscoe | |
| Expert Witness | M. Barton | |
| Expert Witness | F. Romano | |
| Participant | Leaside Residents Association | G. Kettel |
| Participant | L. Strevens | |
| Participant | M. Federau | |
| Participant | K. Carr | |
| Participant | K. G. Alan | |
| Participant | J. R. Sublett | |
| Participant | I. M. Sublett | |
| Participant | J. Courcelles | |
| Participant | S. Bellingham | |
| Participant | C. Walker | |
| Participant | T. Corea |
INTRODUCTION AND CONTEXT
1This motion concerns an appeal by the owners of 34 Rumsey Rd. from a decision of the Committee of Adjustment refusing minor variances to remodel their existing two-storey dwelling through interior alterations and additions.
2The hearing of the appeal is scheduled for 9:30 a.m. February 8, 2024.
3The witness statement for the appellants was to be filed by January 2, 2024. It was not filed until January 19, 2024.
4The appellants seek permission to file the witness statement late and request that TLAB proceed with the hearing on February 8, 2024, or in the alternative that the hearing be adjourned to the earliest possible date.
5Their reasons for the late filing relate to a lack of knowledge on the part of the appellants’ architect and a death in the family.
6Certain opponents respond that the witness statement should not be admitted and that the appellants should not be permitted to rely on it. In the alternative they request an adjournment which is of sufficient time to review the appellants’ witness statement and to provide an opportunity to obtain a “third party zoning review”.
7The City also requests an adjournment.
THE LEGISLATIVE POLICY AND FRAMEWORK
8Under the TLAB’s Rules of Practice and Procedure I have discretion to grant an adjournment.
SUMMARY OF EVIDENCE
9Both the appellants and parties in opposition request an adjournment as an alternative resolution of the issue of a late filing.
ISSUES AND ANALYSIS
10As a result of requests for an adjournment by the parties I have no difficulty in ordering that the witness statement be admitted in spite of its late filing, and that the hearing on the merits of this matter be adjourned and thus not commence on February 8, 2024.
11I understand the reasons for the late filing. However, it is imperative that the hearing be fair to all parties and that those in opposition have an adequate opportunity to prepare for it.
CONCLUSION
12On February 8, 2024, 9:30 a.m., therefore, I will hear submissions from parties and participants respecting the appropriate date for the hearing on the merits to commence.
13As such, I will hear submissions as to the amount of time necessary to review and prepare a response to the late filed witness statement, and the amount of time necessary to obtain a “third party zoning review”, before the hearing on the merits commences, in addition to any other relevant matters.
DECISION AND ORDER
14The witness statement filed late by the appellants’ is admitted. The hearing on the merits of this matter is adjourned sine die to a date to be determined at 9:30 a.m. February 8, 2024.
S. Makuch
Panel Member