2 total
Applicant ordered to file amended consent application reflecting merged parcels prior to hearing.
At a second Case Management Conference concerning an appeal of a consent application, the Tribunal found that the Applicant failed to follow previous directions to amend the application after discovering that the subject parcels had merged.
The Tribunal ordered the Applicant to serve and file an amended application reflecting the accurate property features and relief sought by a new deadline, failing which sanctions may be considered.
A Procedural Order and Issues List were also approved for the upcoming hearing.
Hearing converted to Case Management Conference to address potential merger of title issue in consent applications.
The appellant appealed a Committee of Adjustment decision approving two consent applications to create a new lot and transfer land between parcels.
At the hearing, it became apparent that the applicant was unprepared and that there was a fundamental factual question regarding whether the two originating parcels had already merged on title.
The Tribunal converted the hearing into a Case Management Conference, directed the parties to determine the merger status, and set a deadline for the applicant to amend the applications if necessary.
A second Case Management Conference and a two-day hearing were scheduled.
