Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-12-10
23 204180 S45 03 TLAB
Toronto (City) v Ambient Designs Ltd, 2024 ONTLAB 278
DECISION AND ORDER
Issuance Date:
December 10, 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):
AMBIENT DESIGNS LTD.
Property Address:
19 BRANCH AVE
COA File No.:
23 715993 WET 03 MV (A0288/23EYK)
TLAB Case File No.:
23 204180 S45 03 TLAB
Hearing Date(s):
JANUARY 17, 2024
OCTOBER 24, 2024
Deadline Date for Closing Submissions/Undertakings:
N/A
Decision Delivered By:
TLAB Panel Member B. GALLAUGHER
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Owner/Party
E. PORRITT
S. PORRITT
Appellant
CITY OF TORONTO
A. SANDHU
Applicant
AMBIENT DESIGNS INC.
Participant
A. COHRS
INTRODUCTION AND CONTEXT
This matter was brought before me at the request of the City as a result of a concern regarding the wording of Condition 3 of my Order of April 8, 2024. That order dismissed the City’s appeal of the granting of minor variances for the construction of a triplex for rental purposes. The variances were granted in that decision on a number of conditions; including Condition 3, which required that the owner enter into a standard City Tenant Assistance and Relocation Agreement which was to be modified to provide for payment of funds by the owner, in trust, to the City until the tenant had vacated the premises in accordance with the agreement.
The agreement was also to provide that the owner pay $5000.00 more to the tenant than is currently required by the standard City agreement, to a value of approximately $25,138.30.
The City is concerned about this condition because the City is not prepared to be a trustee respecting the payment. It requested the following condition:
"The owner shall enter into and register on title to the lands at 19 Branch Avenue, an agreement pursuant to Section 45(9) of the Planning Act to secure a Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The agreement shall provide that the owner shall pay $5000.00 more to the tenant than is currently required by the standard City agreement, to a value of approximately $25,138.30, which is to be paid to the tenant upon vacant possession of the lands."
All parties consent to the revised condition. The change does not alter the purpose or affect of the condition, and my decision states in paragraph 16 that: "I may be spoken to if there is any difficulty in agreeing to the terms of the agreement."
There are no issues regarding the change in the condition and I have jurisdiction to make the change as I continue to be seized of the matter as I may be spoken to regarding this term of the Agreement.
CONCLUSION
Condition 3 of my original order should be altered as requested by the City and consented to by all parties and participants.
DECISION AND ORDER
My decision of April 8, 2024, is hereby amended to delete Condition 3 of the approval and replace it with the following:
"The owner shall enter into and register on title to the lands at 19 Branch Avenue, an agreement pursuant to Section 45(9) of the Planning Act to secure a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The agreement shall provide that the owner shall pay $5000.00 more to the tenant than is currently required by the standard City agreement, to a value of approximately $25,138.30, which is to be paid to the tenant upon vacant possession of the lands."
S. Makuch
Panel Member