Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9
2026-02-02
21 189963 S53 10 TLAB
Patel (Re), 2026 ONTLAB 389
DECISION AND ORDER
Issuance Date:
February 2, 2026
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):
A. PATEL
Applicant(s):
GOLDBERG GROUP
Property Address:
40 MITCHELL AVE
COA File No.:
21 122852 STE 10 CO (B0026/21TEY)
TLAB Case File No.:
21 189963 S53 10 TLAB
Hearing Date(s):
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
TLAB Vice-Chair A. Bassios
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Appellant
A. PATEL
Applicant
GOLDBERG GROUP
Party
CITY OF TORONTO
M. LONGO
D. ABIMBOLA
INTRODUCTION AND CONTEXT
1In April 2021, the Applicant applied for a consent to sever the properties at 40 - 44 Mitchell Ave, along with concurrent applications to allow variances for the resulting lots.
2In July 2021, the Applicant filed an appeal to the Toronto Local Appeal Body (TLAB), for the severance application only, on the basis that the Committee of Adjustment (COA) had not made a decision within 90 of the submission of a consent application.
3On consent of the Parties, the Appeal was adjourned without a specific adjourn-to date.
4On September 25, 2025, the TLAB held a virtual prehearing to resolve issues so as to bring forward a hearing of this consent appeal. No representative of the Appellant attended the prehearing. The Appellant remained unresponsive to communications from the TLAB.
5On December 5, 2025, the City (a Party to the Appeal) filed a motion to dismiss the Appeal i.e., seeking resolution of this Appeal before the TLAB without a hearing.
6On December 30, 2025, the City’s motion to dismiss was granted1. The Appeal was dismissed without a hearing. Pursuant to Rule 9.3 of the TLAB’s Rules, Notice of Dismissal, using Form 16, per the Statutory Powers Procedure Act was given.
THE LEGISLATIVE AND POLICY FRAMEWORK
7Planning Act – S 53
Consent – Dismissal without hearing – S. 53 (31)
Despite the Statutory Powers Procedure Act, and subsection (30), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without a hearing if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not set out any apparent land use planning ground upon which the Tribunal could give or refuse to give the provisional consent…
8TLAB RULES OF PRACTICE AND PROCEDURE
9.3 Where the TLAB proposes to dismiss all or part of an Appeal under Rule 9.1 or 9.2 it shall give Notice of Proposed Dismissal, using Form 16, in accordance with the Statutory Powers Procedure Act, and to such other Persons as the TLAB may direct.
9.4 A Person wishing to make written submissions on a proposed dismissal shall do so within 10 Days of the giving of Notice under Rule 9.3.
9.5 Upon receiving written submissions, or, if no written submissions are received in accordance with Rule 9.4, the Local Appeal Body may dismiss the Appeal or make any other order.
9.6 Where the TLAB dismisses all or part of an Appeal, or is advised that an Appeal is withdrawn, any fee paid shall not be refunded.
CONCLUSION
9Notice having been given of the proposed dismissal, and no submissions having been received within 10 days of giving notice, the Appeal is dismissed.
DECISION AND ORDER
10The Appeal is dismissed and the file of the Toronto Local Appeal Body is closed.
A. Bassios
Vice Chair, Panel Member
21 189963 S53 10 TLAB
Footnotes
- Patel (Re), 2025 ONTLAB 380.