Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-04-12
23 231161 S53 03 TLAB,
23 231163 S45 03 TLAB,
23 231164 S45 03 TLAB
Barida (Re), 2024 ONTLAB 214
MOTION DECISION AND ORDER
Issuance Date:
April 12, 2024
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):
M. BARIDA
Applicant(s):
R. DEFINA
Property Address:
15 RAMSGATE RD
COA File No.:
23 129015 WET 03 CO (B0011/23EYK), 23 129025 WET 03 MV (A0171/23EYK), 23 129026 WET 03 MV (A0170/23EYK)
TLAB Case File No.:
23 231161 S53 03 TLAB,
23 231163 S45 03 TLAB,
23 231164 S45 03 TLAB
Hearing Date(s):
March 18, 2024
Deadline Date for Closing Submissions/Undertakings:
April 2, 2024
Decision Delivered By:
TLAB Vice-Chair A. Bassios
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
M. BARIDA
A. BOUCHELEV
Applicant
R. DEFINA
Party (TLAB)
J. GIBSON
Party (TLAB)
D. ORSER
Party (TLAB)
M. MCCOLL
Party (TLAB)
R. ZALOZNIK
Participant
S. WILLSHER
Participant
C. MERCADO
Participant
G. GIBSON
Participant
L. GERRIE
Participant
B. BAILEY
INTRODUCTION AND CONTEXT
1This matter arises by way of a Motion filed by Andy Choles, on behalf of Judy Gibson, seeking an order from the Toronto Local Appeal Body (TLAB) to the following effect:
Grant an adjournment of the hearing scheduled for April 17, 2024.
Reschedule the subject hearing to a date in May, that, based on a polling by TLAB is a date where TLAB, the Parties and their witnesses are all available.
2Mr. Bouchelev, representing the Appellant/Applicant, had opposed the Motion for adjournment and had provided a Response to the Notice of Motion.
3The Motion was scheduled to be heard in writing on March 18, 2024.
4A Motion Decision was prepared as a priority given the upcoming Hearing date.
5On March 20, 2024, the TLAB was notified by Ms. Gibson that Mr. Bouchelev had now consented to the adjournment.
6There are, however, three other Parties to the Appeal whose amenability to an adjournment had not been communicated. As the Motion requests that the Hearing be rescheduled for a date where all the Parties are available, the agreement of the other Parties to an adjournment of the April 17, 2024 date was sought.
7On April 2, 2024, I received confirmation from TLAB staff that all Parties had agreed to an adjournment.
8There being no opposition to an adjournment of the April 17, 2024 date, TLAB staff canvassed the Parties for a new Hearing date.
TLAB RULES OF PRACTICE AND PROCEDURE
9APPLICATION OF THE RULES
Interpretation of these Rules
2.1 The TLAB is committed to fixed and definite dates. These Rules shall be interpreted in a manner which facilitates that objective.
102.2 These Rules shall be liberally interpreted to secure the just, most expeditious and cost-effective determination of every Proceeding on its merits.
11ADJOURNMENTS
Hearing Dates Fixed
1223.1 Proceedings will take place on the date set by the TLAB and provided in the Notice of Hearing, unless the TLAB orders otherwise.
13Request for Adjournment must be on Motion
23.2 A Party shall bring a Motion to seek an adjournment, unless the adjournment is on consent in accordance with Rule 17.2.
14Considerations in Granting Adjournment
23.3 In deciding whether or not to grant a Motion for an adjournment the TLAB may, among other things, consider:
a) the reasons for an adjournment;
b) the interests of the Parties in having a full and fair Proceeding;
c) the integrity of the TLAB’s process;
d) the timeliness of an adjournment;
e) the position of the other Parties on the request;
f) whether an adjournment will cause or contribute to any existing or potential harm or prejudice to others, including possible expense to other Parties;
g) the effect an adjournment may have on Parties, Participants or other Persons; and
h) the effect an adjournment may have on the ability of the TLAB to conduct a Proceeding in a just, timely and cost-effective manner.
SUMMARY OF EVIDENCE
15The Long Branch Neighbourhood Association (LBNA) filed a Notice of Intention (Election) to be a Party in this Hearing with Ms. Gibson, who is a Director and on the Board of the LBNA, as the LBNA Representative.
16Ms. Gibson requested the consent of all Parties and Participants to an adjournment and rescheduling of the hearing for 15 Ramsgate Rd.
17Mr. Bouchelev, representing the Appellant, did not initially agree to the adjournment request. He has subsequently agreed to an adjournment of the Hearing to a suitable date in August.
18All Parties have agreed that this matter will be heard in August 2024, at a date chosen by the TLAB following consultation with the Parties.
ISSUES AND ANALYSIS
19Despite initial opposition, all Parties have now consented to an adjournment.
CONCLUSION
20The relief sought by the Motion is granted in part as the adjournment can now be achieved with consent of all Parties.
21The Hearing of this matter is adjourned until a date in August 2024.
DECISION AND ORDER
22The relief requested in the Notice of Motion is granted in part.
23TLAB Staff are directed to issue a Revised Notice of Hearing for this matter.
24The submission dates in the original Notice of Hearing for this matter are not revised. Admittance of any submissions received after the date stipulated in the first Notice of Hearing will be subject to a decision by the Presiding Member (TLAB Practice Direction 7: Late Filings).
A. Bassios
Vice Chair, Panel Member