Toronto Local Appeal Body

40 Orchard View Blvd, Suite 253

Toronto, Ontario M4R 1B9

Date:

2025-11-13

25 125592 S53 12 TLAB

Li & Zhang (Re), 2025 ONTLAB 374

Issuance Date:

November 13, 2025

PROCEEDING COMMENCED UNDER Section 53, subsection 53(19), of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")

Appellant(s):

Applicant(s):

Property Address:

1563 BATHURST ST.

COA File No.:

22 164155 STE 12 CO (B0047/22TEY)

TLAB Case File No.:

25 125592 S53 12 TLAB

Hearing Date(s):

NOVEMBER 12, 2025

Decision Delivered By:

People Type

First Initial. Last Name

Representative

Applicant

Appellant

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.

2This matter involves a property located at 1563 Bathurst Street (the “Subject Property”). The Subject Property is located at the southeast corner of Bathurst Street and Lonsdale Road. There is currently a detached house on the Subject Property.

3The proposal calls for the severance of the property into four lots, with a semi-detached dwelling built on each lot. The proposed severance and accompanying minor variances for the proposed dwellings were approved by the Toronto and East York panel of the Committee of Adjustment on February 15, 2023. The Applicant/Appellant (the “Appellant”) was engaged in discussions with the City of Toronto (the “City”) regarding the completion of the consent conditions, and the Committee of Adjustment issued a new Corrected Notice of Decision dated February 10, 2025. Condition 4 has been modified into parts A and B. It is this consent approval that the Appellant is appealing.

THE LEGISLATIVE POLICY AND FRAMEWORK

4Provincial 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.

5Provincial Policy – S. 3

A Decision of the Tribunal must be consistent with the 2024 Provincial Planning Statement for the subject area.

6Consent – S. 53

The Tribunal must be satisfied that a plan of subdivision is not necessary for the orderly development of the municipality pursuant to s. 53(1) of the Act and that the application for consent to sever meets the criteria set out in s. 51(24) of the Act. These criteria require that " regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2 of the Planning Act;

(b) whether the proposed subdivision is premature or in the public interest;

(d) the suitability of the land for the purposes for which it is to be subdivided;

(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

(f) the dimensions and shapes of the proposed lots;

(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

(h) conservation of natural resources and flood control;

(i) the adequacy of utilities and municipal services;

(j) the adequacy of school sites;

(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

7Tribunal Rules of Practice and Procedure – Rule 12 - Parties

8Rule 21.6 – Matters to be Dealt with in a Prehearing.

9Rule 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.

10Rule 21.8 - A Member who conducts a prehearing will generally remain seized of the Proceeding.

SUMMARY OF EVIDENCE

11Mr. Kehar on behalf of the Appellant explained that the Appellant is engaged with the City with a view to completing the consent conditions, and requested that the prehearing be adjourned sine die, with the direction for the Tribunal to be updated in 6 – 8 months on the status of the matter.

12Mr. Mahoney appeared as counsel on behalf of the City, and he was in agreement with Mr. Kehar regarding the status of the matter and the proposed next steps before the Tribunal.

13The City has not elected Party status before the Tribunal. The Tribunal Rules of Practice and Procedure do not make the City an automatic Party in this matter. The City needs to file Form 4 to elect Party status for this matter.

ISSUES AND ANALYSIS

14The Appellant and the City have requested that the matter be adjourned sine die with direction for a written update to be provided to the Tribunal in 6 – 8 months. This will allow the Appellant and the City to work towards the completion of the consent conditions.

CONCLUSION

15The matter is adjourned sine die, and the Appellant and City shall provide a written update to the Tribunal by June 30, 2026. The written update shall indicate whether: another prehearing is required, a contested hearing is required, a settlement hearing is required, or whether the Appellant will be withdrawing their appeal. If additional time is required, the written update shall request that another prehearing be scheduled.

16The City shall file Form 4 to elect Party status for this matter.

DECISION AND ORDER

17The Tribunal ORDERS THAT the Parties shall comply with the directions contained within this prehearing disposition.

18This Member shall remain seized of the hearing of this appeal.

T. Kezwer

Panel Member