Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2025 – 07 – 03
25 113319 S45 03 TLAB 25 113360 S45 03 TLAB 25 113419 S45 03 TLAB
Toronto (City) vs Action Planning Consultants, 2025 ONTLAB 338
MOTION DECISION AND ORDER
Issuance Date:
July 03, 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):
Monday, June 2, 2025
Wednesday, July 2, 2025
Deadline Date for Closing Submissions/Undertakings:
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
1In an Interim Decision released on June 11, 2025, the Toronto Local Appeal Body (the “Tribunal”) adjourned the matter to July 2, 2025, and provided directions for the withdrawal of the appeal by the City, if the City and the Applicant were to reach a settlement.
2As of July 2, 2025, a settlement was close to being finalized, however, it had not been reached. Therefore, the hearing was recommenced and adjourned for a second time.
3The hearing commenced at approximately 9:30 am, and the Tribunal took a recess for 15 minutes to allow for Ms. Comeau to attend.
4At the conclusion of the hearing, Ms. Comeau either left or was disconnected, and the Tribunal took an 8 minute recess to allow for Ms. Comeau to reconnect to the hearing. Ms. Comeau did not reattend the hearing.
5There 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
6Provincial 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.
7Provincial Policy – S. 3
A decision of the Tribunal 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.
8Tribunal Rules of Practice and Procedure - Rule 2.12 Relief and Exceptions to the Rules.
9Rule 23 – Adjournments, including Rule 23.3 Considerations in Granting Adjournment, and Rule 23.4 Powers of the TLAB upon Adjournment Motion.
10Rule 17 - Motions
SUMMARY OF EVIDENCE
11Ms. Stewart indicated that a settlement in principle has been reached, and that the only outstanding matter to secure the tenant assistance plan is for funds to be provided to Ms. Stewart in trust. Ms. Stewart indicated that she expects to receive the funds shortly, and that the City will then withdraw its appeals.
12Ms. Sandhu concurred with this assessment.
13Ms. Comeau was adamant that she did not receive proper notice for the Committee of Adjustment hearing, and questioned the legitimacy of the Tribunal hearing. In addition, Ms. Comeau outlined numerous landlord-tenant issues facing the property such as issues with a flood from her toilet, issues with the roof leaking, etc.
14Ms. Comeau also asked if she would receive information regarding the settlement discussions between the City and the Applicant for this matter.
15Ms. Sandhu indicated that once the tenant assistance plan is secured, the intent is to notify the tenants of the tenant assistance plan and its terms.
ISSUES AND ANALYSIS
16Ms. Comeau raised the issue of receiving notice for the Committee of Adjustment hearing for this matter. Subsection 45(5) of the Planning Act requires that a Committee of Adjustment provide notice of a hearing. Ms. Stewart indicated that both a Sign Declaration and a Sign Posting Photo must be provided to the Committee of Adjustment for a hearing to be scheduled. In addition, I note that the City is responsible for mailing a Notice of Public Hearing to all owners of land within 60 metres of the subject property at least 10 days prior to the scheduled hearing date.
17Subsection 45(16) of the Planning Act requires that notice of a Tribunal hearing shall be provided in such manner as the Tribunal may determine. Ms. Comeau was on the Notice of Hearing Mailing List dated February 25, 2025. In addition, Ms. Comeau elected party status and attended both the June 2, 2025, and July 2, 2025, hearing dates.
18I find that the Tribunal hearing was properly constituted, and that the Tribunal was in compliance with the notice obligations under subsection 45(16) of the Planning Act.
19Rule 23.2 requires that a Party bring a Motion to seek an adjournment, unless the adjournment is on consent in accordance with Rule 17.2.
20Rule 2.12 states that the Tribunal may grant all necessary exceptions to these Rules, or grant other relief as it considers appropriate, to enable it to effectively and completely adjudicate matters before it in a just, expeditious and cost-effective manner.
21The City and the Applicant have indicated that they have reached a settlement in principle. After the settlement is achieved, the City intends to withdraw its appeal. Therefore, this panel of the Tribunal treated the request for an adjournment as a Motion being brought at the hearing, and allowed the adjournment request. The Tribunal considered the criteria of Rule 23.3 when granting the adjournment request.
CONCLUSION
22The matter is adjourned indefinitely in anticipation of the Applicant and the City finalizing their settlement agreement, and the City withdrawing its appeal.
23As stated in the interim decision for this matter, if 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.
24If no settlement is reached, the Applicant and the City are to inform the Tribunal by August 5, 2025, and a new hearing date will be fixed along with the timelines for filing the relevant hearing documents.
DECISION AND ORDER
25The Tribunal ORDERS THAT the Parties shall comply with the directions contained within this motion disposition.
T. Kezwer
Panel Member