Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
Date: 2025-06-11
25 113319 S45 03 TLAB 25 113360 S45 03 TLAB 25 113419 S45 03 TLAB
Toronto (City) vs Action Planning Consultants, 2025 ONTLAB 336
INTERIM DECISION AND ORDER
Issuance Date: June 11, 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): CITY OF TORONTO
Applicant(s): ACTION PLANNING CONSULTANTS
Property Address: 621-623 THE QUEENSWAY
COA File No.: 24 226241 WET 03 MV (A0414/24EYK) 24 226295 WET 03 MV (A0415/24EYK) 24 226306 WET 03 MV (A0416/24EYK)
TLAB Case File No.: 25 113319 S45 03 TLAB 25 113360 S45 03 TLAB 25 113419 S45 03 TLAB
Hearing Date(s): June 2, 2025
Decision Delivered By: TLAB Panel Member T. Kezwer
REGISTERED PARTIES AND PARTICIPANTS:
People Type First Initial. Last Name Representative
Applicant ACTION PLANNING CONSULTANTS A. STEWART
Appellant CITY OF TORONTO A. SANDHU
Party G. COMEAU
Party D. DUBLOW
INTRODUCTION AND CONTEXT
1This session of the Toronto Local Appeal Body (the "Tribunal") proceeded as a Prehearing Conference, which is authorized and regulated by Rule 21 of the Tribunal's Rules of Practice and Procedure.
2There are three addresses under appeal which belong to the same building, located at 621-623 The Queensway. The appeals involve the proposal to construct one additional residential apartment in three different units. The original applications were approved by the Committee of Adjustment, and the City of Toronto appealed the approvals.
THE LEGISLATIVE POLICY AND FRAMEWORK
3Provincial Interest - S. 2
A decision of the Tribunal shall have regard to, among other matters, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.
4Provincial Policy – S. 3
A Decision of the Tribunal must be consistent with the 2024 Provincial Planning Statement for the subject area.
5Variance – S. 45(1)
In considering the applications for variances from the Zoning By-laws, the Tribunal must be satisfied that the applications meet all of the four tests under s. 45(1) of the Act. The tests are whether the variances:
- maintain the general intent and purpose of the Official Plan;
- maintain the general intent and purpose of the Zoning By-laws;
- are desirable for the appropriate development or use of the land; and
- are minor.
6Tribunal Rules of Practice and Procedure - Rule 21.6 – Matters to be Dealt with in a Prehearing.
7Rule 21.7 -The Member conducting a prehearing conference may make any orders necessary to give effect to those matters provided for in Rule 21.6.
8Rule 21.8 - A Member who conducts a prehearing will generally remain seized of the Proceeding.
SUMMARY OF EVIDENCE
9Ms. Stewart, counsel for the Applicant, and Ms. Sandhu, counsel for the City, were both in attendance. In addition, a resident in the building who has elected party status, Gacia Comeau, was also present.
10Ms. Stewart indicated that a tenant assistance plan is being worked on by the Applicant with the City, and the intention is that there will be a settlement between the Applicant and the City for these appeals.
11Ms. Sandhu indicated that the City is working with the Applicant toward creating an acceptable tenant assistance plan. Both the Applicant and the City requested 30 days to finalize the details of their settlement discussions.
12Ms. Comeau is a tenant who has resided in the building since 2012. Ms. Comeau explained from her perspective that there are physical issues with the building, that there are ongoing Landlord Tenant Board proceedings, and that she does not have faith in the tenant assistance plan being negotiated between the Applicant and the City.
ISSUES AND ANALYSIS
13The Applicant and the City have requested an additional 30 days to continue to engage in their settlement discussions. The Tribunal is agreeable to this request in order to expedite the resolution of these appeals.
CONCLUSION
14A new hearing date is fixed for Wednesday, July 2, 2025, at 9:30 a.m.
15If the Applicant and the City reach a settlement and the City wishes to withdraw the appeal, the Tribunal grants leave for the withdrawal of the appeal. Any such withdrawal should be copied to all parties, and in such a case, there will not be a Tribunal hearing.
16Any expert witness statements are to be filed by June 20, 2025.
17Any response to an expert witness statement is to be filed by June 27, 2025.
18In keeping with the Rules, these filings shall be electronically delivered to the Tribunal and electronically copied to the other parties.
DECISION AND ORDER
19The Tribunal ORDERS THAT the Parties/Participant shall comply with the directions contained within this prehearing disposition.
20This Member shall remain seized of the hearing of this appeal.
T. Kezwer Panel Member