Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-10-02
24 170329 S45 11 TLAB
Toronto (City) v Culmone and Associates LTD, 2024 ONTLAB 267
MOTION DECISION AND ORDER
Issuance Date:
October 2, 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):
CITY OF TORONTO
Applicant(s):
CULMONE AND ASSOCIATES LTD
Property Address:
222 Rosedale Heights Dr.
COA File No.:
24 126060 STE 11 MV
TLAB Case File No.:
24 170329 S45 11 TLAB
Hearing Date(s):
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
City of Toronto
J. Dexter
Applicant
Culmone and Associates Ltd
Party
D. Moritsugu
Party
S. Farha
J. Nehmetallah
Party
M. Corbeth
M. Mazierski
Party
W. Shaw
Party
K. Bradley
Party
F. McLaughlin
Participant
D. Bradley
Participant
K. Payne
Participant
E. Beck
Participant
M. Killoran
INTRODUCTION AND CONTEXT
[1]. This is a motion for an order setting new filing deadlines ahead of the newly scheduled January 8, 2025 hearing. The proposed deadlines are as follows:
a. Applicant Disclosure Form 3: October 16, 2024
b. Notice of Intention to be a Party/Participant: October 28, 2024
c. Document Disclosure: November 25, 2024
d. Witness Statement: November 25, 2024
e. Response to Witness Statement: December 10, 2024
f. Reply to Response to Witness Statement: December 20, 2024
g. Expert Witness Statement: November 25, 2024
h. Response to Expert Witness Statement: December 10, 2024
i. Reply to Response to Expert Witness Statement: December 20, 2024
j. Notice of Motion: December 24, 2024
[2]. The reason for the motion is to permit the parties to continue discussions respecting settlement of the matter without the expense of retaining experts and preparing materials to be filed for a hearing which was originally scheduled for October 3, 2024 and rescheduled to January 8, 2025. The hearing date was rescheduled without any amendments to the original notice provisions, all of which relate to the October 3, 2024 date.
THE LEGISLATIVE POLICY AND FRAMEWORK
[3]. Provincial Interest - S. 2
A decision of the Toronto Local Appeal Body (TLAB) shall have regard to, among other matters, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.
[4]. Provincial Policy – S. 3
A decision of the Toronto Local Appeal Body (TLAB) must be consistent with the 2020 Provincial Policy Statement (PPS) and conform to the Growth Plan for the Greater Golden Horseshoe (Growth Plan) for the subject area.
TLAB Rules of Practice and Procedure authorize notice provisions to be amended.
SUMMARY OF EVIDENCE
[5]. The evidence consists of one affidavit setting out the problem that the hearing date was changed without any changes in the notice requirements. It points out that additional costs would be needlessly borne if the existing deadlines remain in force and a settlement is reached when the delay in the hearing was to provide more time for a settlement to be reached. All parties agree to the proposed revised deadlines.
ISSUES AND ANALYSIS
[6]. There is no issue in dispute respecting this motion as all parties benefit from revision of the notice requirements. Those requirements reflect the notice filings that would be required had the hearing originally be scheduled for January 8, 2025.
CONCLUSION
[7]. The notice requirements should be amended as requested.
DECISION AND ORDER
[8]. The motion is granted and the notice requirements for the new hearing date of January 8, 2025 are as follows:
a. Applicant Disclosure Form 3: October 16, 2024
b. Notice of Intention to be a Party/Participant: October 28, 2024
c. Document Disclosure: November 25, 2024
d. Witness Statement: November 25, 2024
e. Response to Witness Statement: December 10, 2024
f. Reply to Response to Witness Statement: December 20, 2024
g. Expert Witness Statement: November 25, 2024
h. Response to Expert Witness Statement: December 10, 2024
i. Reply to Response to Expert Witness Statement: December 20, 2024
j. Notice of Motion: December 24, 2024
S. Makuch
Panel Member