Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
25 112820 S45 15 TLAB
Faghani (Re), 2025 ONTLAB 313
ADJUDICATIVE SCREENING ORDER
Issuance Date: March 20, 2025
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): F. FAGHANI
Applicant(s): N. NASSIRI
Property Address: 137 TEDDINGTON PARK AVE
COA File No.: 24 230221 NNY 15 MV
TLAB Case File No.: 25 112820 S45 15 TLAB
Hearing Date(s): N/A
Deadline Date for Closing Submissions/Undertakings: March 10, 2025
Decision Delivered By: TLAB Chair Lombardi
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
F. FAGHANI
BACKGROUND
1On January 16, 2025, the North York Panel of the City of Toronto (City) Committee of Adjustment (COA) heard an Application (Committee File 24 230221 NNY 15 MV) respecting the property municipally known as 137 Teddington Park Avenue (subject property).
2The owners of the subject property, Fatemeh Faghani and Hassan Haji Mohammadi (Appellants), sought four (4) variances to permit the legalization and maintenance of the ‘as-built’ landscape features related to the dwelling on the subject property.
3The COA approved Variances Nos. 1 and 2 of the Application, on condition, but refused Variances Nos. 3 and 4.
4On February 4, 2025, the Owners submitted a Notice of Appeal (Form 1) of the COA’s decision to the Toronto Local Appeal Body (TLAB). Following an Administrative Screening, the TLAB Chair undertook an Adjudicative Screening of the Notice of Appeal pursuant to Rule 9 of the TLAB’s Rules of Practice and Procedure (Rules).
5As a result, on February 28, 2025, the TLAB issued a Notice of Proposed Dismissal (Form 16) notifying the Appellants that the Tribunal intended to dismiss the Appeal as permitted by Rule 9.1, on the ground that:
“9.1(e) - the Appellant has not provided written reasons and grounds for the Appeal.”
6Rule 9.4 of the TLAB’s Rules permits the Appellant(s) on a proposed dismissal to make written submissions to the Tribunal within ten (10) days of the giving of Notice under Rule 9.3.
7On March 10, 2025, the Appellant(s) responded to Form 16 by providing the TLAB with a PDF outlining the reasons and grounds for the Appeal.
8Rule 9.5 of the TLAB Rules states that upon receiving written submissions, or if no submissions are received in accordance with Rule 9.4, the TLAB “…may dismiss the Appeal or make any other order.”
THE LEGISLATIVE POLICY AND FRAMEWORK
9Adjudicative Screening is undertaken pursuant to Rule 9 of the TLAB’s Rules of Practice and Procedure. The TLAB Chair is responsible for the adjudicative screening of appeal files.
ISSUES AND ANALYSIS
10Rule 9.5 of the Rules of Practice and Procedure permits the TLAB to dismiss an Appeal or “make any other order it deems appropriate” after receiving written submissions.
11In the subject Appeal, the TLAB Chair has reviewed the Appellants’ March 10th letter outlining the reasons for their Appeal of the COA’s January 16, 2025 decision, in response to the issuance of Form 16.
12After reviewing the Appellants’ letter, the TLAB finds that Rule 9.1 (e) has now been addressed and the subject Appeal can proceed pursuant to Rule 10 of its Rules, with the issuance of a Notice of Hearing and the scheduling of an Appeal Hearing.
ORDER
13TLAB staff are directed to issue a Notice of Hearing, using Form 2, pursuant to Rule 10.1 of the TLAB’s Rules of Practice and Procedure, and to schedule a Hearing to hear the subject Appeal, pursuant to 10.2 of its Rules.
D. Lombardi
TLAB Chair