Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2025-12-16
25 113319 S45 03 TLAB
25 113360 S45 03 TLAB
25 113419 S45 03 TLAB
Toronto (City) vs Action Planning Consultants (Re), 2025 ONTLAB 377
MOTION DECISION AND ORDER
Issuance Date:
December 16, 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, July 2, 2025, December 1, 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
1In an Interim Decision released on June 11, 2025, the Toronto Local Appeal Body (the “Tribunal”) adjourned this 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.
2In a Motion Decision released on July 3, 2025, this Tribunal adjourned this matter indefinitely in anticipation of the Applicant and the City finalizing their settlement agreement shortly thereafter, and the City withdrawing the appeal.
3Since the matter had not yet been resolved, the Tribunal then scheduled a hearing for December 1, 2025.
4Ms. Comeau, who is a tenant in one of the properties subject to the application before the Tribunal was not in attendance at today’s hearing. Ms. Comeau did send email correspondence in agreement with the adjournment request and requesting a hearing date at the end of January.
5Mr. Dublow has not attended any of the Tribunal hearings for this matter and has not provided any correspondence to the Tribunal.
6Ms. Stewart on behalf of the Applicant, and Ms. Sandhu, on behalf of the City, made a joint adjournment request.
THE LEGISLATIVE POLICY AND FRAMEWORK
7Provincial 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.
8Provincial 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.
9Variance – 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.
10Tribunal Rules of Practice and Procedure - Rule 2.12 Relief and Exceptions to the Rules.
11Rule 23 – Adjournments, including Rule 23.3 Considerations in Granting Adjournment, and Rule 23.4 Powers of the TLAB upon Adjournment Motion.
12Rule 17 - Motions
SUMMARY OF EVIDENCE
13Ms. Comeau has sent extensive email correspondence to the Tribunal outlining her opposition to this proposal. The email correspondence also referred to a Landlord and Tenant Board proceeding involving Ms. Comeau. In addition, Ms. Comeau made strong allegations against the property owner and various other individuals.
14Ms. Stewart indicated that the outcome of the Landlord and Tenant Board matter involving Ms. Comeau will impact the terms of the Tenant Assistance Plan. The Tenant Assistance Plan forms the basis of the settlement agreement between the City and the Applicant. Ms. Sandhu indicated that policy 3.2.1.12 in the Official Plan deals with a Tenant Assistance Plan, and that the City has a rental replacement handbook that provides further details regarding Tenant Assistance Plans.
15Ms. Stewart also stated that the Landlord and Tenant Board matter is impacting the Applicant’s ability to secure financing for the proposal and to satisfy the terms of the settlement proposal with the City.
16There are three residential units impacted by the proposal before the Tribunal, however, only one unit is impacted by the proceedings before the Landlord and Tenant Board.
ISSUES AND ANALYSIS
17Rule 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.
18Rule 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.
19The City and the Applicant have indicated that they have reached a settlement in principle. However, the Landlord and Tenant proceedings involving Ms. Comeau still need to play out to their conclusion. The result of the Landlord and Tenant Board proceedings will impact the final settlement between the City and the Applicant. After the settlement is achieved, the City intends to withdraw its appeal.
20This 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
21The matter is adjourned sine die, and the Applicant and the City shall provide a written update to the Tribunal by January 30, 2026. The written update shall indicate whether: the settlement has been finalized and the City will be withdrawing its appeal, whether a contested hearing is required, or if additional time is required. If additional time is required, the written update shall request that a prehearing date be scheduled.
22As 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.
DECISION AND ORDER
23The Tribunal ORDERS THAT the Parties shall comply with the directions contained within this motion disposition.
T. Kezwer
Panel Member