Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
24 148121 S45 19 TLAB
Ahmadiyya Movement In Islam (Ontario) Inc (Re), 2024 ONTLAB 258
ORDER TO CONVERT HEARING TO MEDIATION
Issuance Date: September 12, 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): AHMADIYYA MOVEMENT IN ISLAM (ONTARIO) INC.
Applicant(s): C-ARCHITECTURE LTD
Property Address: 63 Barker Ave
COA File No.: 24 122637 STE 19 MV
TLAB Case File No.: 24 148121 S45 19 TLAB
Hearing Date(s):
Deadline Date for Closing Submissions/Undertakings:
Delivered By: TLAB Panel Member T. Yao
REGISTERED PARTIES AND PARTICIPANTS:
| People Type | First Initial. Last Name | Representative |
|---|---|---|
| Applicant | C-ARCHITECTURE LTD | |
| Appellant | AHMADIYYA MOVEMENT IN ISLAM (ONTARIO) INC. | A. PLATT |
| Party | V. HOLLAND | |
| Party | J. HOLLAND | |
| Party | S. RAMGOOLAM | |
| Party | J. CALDERONE | |
| Party | J. SCHWARTZ | |
| Party | J. REZNICK | |
| Party | C. ANDREWS | |
| Party | M. FIRMIN | |
| Participant | C. PATRINO | |
| Participant | J. HUANG | |
| Participant | L. MANCINI | |
| Participant | C. BURNS | |
| Participant | L. BURNS | |
| Participant | S. DIONNE | |
| Participant | K. LEE |
INTRODUCTION AND CONTEXT
1The TLAB has set Sept 24, 2024 for a hearing and in early September, a request was made to use the hearing day for mediation. The Rules of Practice and Procedure contemplate that a mediation should be held at least 15 days before the hearing1; they do not specifically envisage a late request to convert a scheduled hearing to a mediation, even though this may be a practical way to proceed.
2The request was made by email; not by notice of motion. Under the Rules I have discretion to treat the request as an unopposed motion. The Rules require a finding that some or all of the issues may be resolved by mediation. I find this from the fact that document disclosure was due August 12, 2024 and no one has filed anything. Therefore, I infer that the parties are attempting to avoid a contested hearing and there is merit in directing a mediation, should a settlement be possible.
3Rule 20.2 also contemplates a special Form 17 to invite parties to a mediation. I see no reason to add this extra step in the circumstances and will use this Order in place of Form 17. All the Parties were already aware of the meeting via the email and this step can be dispensed with.
ORDER
4The hearing set for September 23, 2024 is cancelled. All persons on the mailing list or persons who have an interest in this appeal are invited to attend a non-binding mediation under Rule 20.2.
5The TLAB will not send out a Form 17; but will rely on the Notice of Hearing already issued. For convenience, the sign-in information is attached at the end of this Order.
6At the mediation, binding orders may be made, but only subject to the consent of the parties, and subject to the TLAB Rules of Practice and Procedure and applicable law.
T. Yao
Panel Member
Court Services
Toronto Local Appeal Body
Toronto Local Appeal Body
40 Orchard View Boulevard, Suite 253
Toronto, Ontario M4R 1B9
TORONTO LOCAL APPEAL BODY
NOTICE OF MEDIATION
Tel: 416-392-4697
Email: tlab@toronto.ca
Web: www.toronto.ca/tlab
DATE:
Monday, September 23, 2024
TIME:
9:30 AM
63 Barker Ave - Remote Mediation
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20.1 No Mediation conducted by the TLAB shall be held later than 15 Days before the Hearing, unless the TLAB directs otherwise.
Mediation
20.2 Where the TLAB is satisfied there is good reason to believe one or more of the issues in dispute may be resolved through Mediation the TLAB may, on notice to any Participants, direct the Parties, and such other Persons as the TLAB may direct, using Form 17, to attend non-binding Mediation.