Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-04-03
23 238684 S45 03 TLAB
Sedlasek (Re), 2024 ONTLAB 211
INTERIM DECISION AND ORDER
Issuance Date:
April 3, 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):
V. SEDLASEK
Applicant(s):
V. SEDLASEK
Property Address:
29 Lake Promenade
COA File No.:
23 193714 WET 03 MV (A0347/23EYK)
TLAB Case File No.:
23 238684 S45 03 TLAB
Hearing Date(s):
April 22, 2024
Decision Delivered By:
TLAB Panel Member B. Martin
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
V. SEDLASEK
I. FLETT
Appellant
V. SEDLASEK
I. FLETT
Party
J. GIBSON
Participant
S. PEARSON
Participant
A. CHOLES
Participant
C. MERCADO
Participant
B. NEMOY
Participant
A. HUTKA
Participant
H. TWOMEY
INTRODUCTION AND CONTEXT
1The representative for the Appellant requested an adjournment of the hearing scheduled for April 22, 2024.
2That request was based on the Appellant’s concern that the requested variances may change based on the preparation of an as built survey commissioned by the Appellant.
3Both parties agreed to the adjournment.
4Pursuant to Section 21 of the TLAB Rules of Practice and Procedure, a pre-hearing conference was held on March 28, 2024 to set a new hearing date, and to agree on a schedule for submission of document disclosures, witness statements, response to witness statements, reply to response to witness statements, participant statements, expert witness statements, response to witness statements, reply to expert witness statements and notice of motion.
5A chronological history of past minor variance approvals, denials, and orders to comply will be entered into evidence by way of an agreed to statement of facts.
6A request was made by the Long Branch Neighbourhood Association to not schedule the hearing for consecutive days because its members are volunteers and have full-time jobs.
DECISION AND ORDER
7This order is being issued pursuant to Subsection 21.7 of the TLAB Rules of Practice and Procedure.
8The requested hearing date adjournment is granted.
9The Panel Member will be seized for the rescheduled proceeding pursuant to Subsection 21.8 of the TLAB Rules of Practice and Procedure.
10Three (3) days will be reserved to complete the hearing.
11The submission of documents will be as follows.
12Disclosure Documents– Due no later than May 3, 2024
13Statement of Facts – Due no later than June 10, 2024
14Witness Statements – Due no later than June 14, 2024
15Expert Witness Statements – Due no later than June 14, 2024
16Participant Witness Statements - Due no later than June 14, 2024
17Response to Witness Statements – Due no later than June 24, 2024
18Response to Expert Witness Statements – Due no later than June 24, 2024
19Response to Participant Witness Statements - Due no later than June 24, 2024
20Reply to response to Expert Witness Statements – Due no later than July 5, 2024
21Notice of Motion – Due no later than 15 days before the first hearing day.
22TLAB will canvas the parties and participants to schedule three (3) agreeable dates to complete the hearing.
B. Martin
Panel Member