Toronto Local Appeal Board hearing regarding 38 Thirty Sixth St. is on Dec. 12, 2017 at 9:00 a.m. at 40 Orchard View Boulevard

David Godley’s message (see below) includes the following PDF file:

TLAB 38 36th

The file notes that the hearing is Dec. 12, 2017 at 9:00 a.m. at 40 Orchard View Boulevard.

The following message is from David Godley:

Thank you for the notices Hsing.

We are away on a journey again with the final destination being at your offices at Eglinton and Yonge at 9am December 12th, a Tuesday.

I notice Robert Davis is not in your list and as co-ordinator I request that he be so as copied.

I believe he has other email addresses that he would want to be entered as person of interest.

Since I have been through this nightmare of process before I offer the following tips.

If you do not match the deadlines it has to be sorted out by the hearing officer at the hearing.

None of the various groups was able to meet the deadlines for 9 38th Street, Long Branches first TLAB hearing to be in Nov 13.

It took me 2 weeks to go through the complex procedures and public guide and find a way through the maze with the proficient Hsing who always answered my queries with great promptness.

However my computer still has not recovered.

Since no one really knows if they will be available, what the issues are, whether they want to participate until much closer to the date, I advise anybody remotely interested register as a participant and that has to be done within an exceptionally short time, by Sep 12. Then you have to can have a breather till Oct 10 when you have to submit an outline of what you want to say.

This will have to be generic unless Robert (who according to the TLAB AIC site has registered as a party) in his infinite capacity sorts out a strategy before hand. However it really takes the public about 3 months to read up research absorb, analyse, strategise, coordinate and finally have a plan of action.

As you can see I have a somewhat jaundiced view of early disclosure. The prehearing was so simple and effective with the OMB. It is just that they did not understand planning especially urban design when the approved similar projects.

Robert will need to ask our Councillor for legal and planning help from the City. But remember the City do not represent our interests necessarily but we are on the same side on this one.

To be sure our interests are fully covered someone would have to be a Party (Form 4 again).

The TLAB forms are easily found on the website Form 4 for participant status and 13 for outline. Do not use Mozilla Fox browser. Google chrome works to fill out the forms.

Then it has to be submitted in pdf and most people do not have pdf programs. Send it to me and I can convert and forward. It also has to be signed and this is the hardest part. My computer refused point blank to work a signature program.

So what I did was full out the forms by hand and faxed them to 416 696 4307 and they are automatically converted to pdf. This is what I will do again.

As a participant you can appear at the hearing to give evidence or make written comments.

You can also write in if you are not a participant but it has to be on pdf. I am not sure of the difference but maybe it is up to the hearing officer to decide if they can be used as evidence.

It goes without saying that being present is much more effective than writing as you are cross examined.

This is an outrageous proposal if you consider the planning and legal framework. Unfortunately the Committee of Adjustment or OMB do not take much notice of either.

However in this case with about 30 people present at the hearing who all stood when the crowd were asked if anyone was here on the file, the applications for severance and variance at double density were turned down. There was a dissenter but Mr Gulli has never seen a density he does not like having supported densites if 3 times permitted. Thus is despite the fact that minor variances can only be small adjustments.

We are hoping for much better from the the TLAB but it is up to the community to hold them to task by participating as much as you are able. Hsing will help you answer questions about the process. Feel free to contact me on tactics.

David Godley

401 Lake Promenade

Toronto M8W 1C3

<h3>Reply from Toronto Local Appeal Board</h3>

416 255 0492

On 23/08/2017 12:42 PM, TLAB@TORONTO.CA wrote:
Toronto Local Appeal Body – TLAB – Notice of Hearing
RE: 17 201221 S45 06 TLAB, 38 THIRTY SIXTH ST

The attached Notice of Hearing has been provided to you, as required
by the Planning Act, to ensure that, as an interested person, you may
make your views known by filing your submissions in accordance with
Toronto Local Appeal Body’s Rules of Practice and Procedure.

To view plans and materials in the application file, please visit the
Toronto Local Appeal Body Website at under the
“Scheduled Hearings” tab and search by the scheduled hearing date or
alphabetically by the property address.

You may also visit, the Application Information Centre (AIC) found at and search by the property address and the TLAB
Case File Number.

Hsing Yi Chao
Secretary Toronto Local Appeal Body
Supervisor, Court Services

[End of text from David Godley]

Comment from Jaan Pill

If anybody is dealing with the technical issue of how to send a signed PDF, here is what you can do. Print out your letter, sign it, then scan it and save the scan as a PDF.

If you need help with this particular detail, please contact me through this website and I can help.


Text of PDF document for which a link is provided at the top of the page you are now reading

Court Services

Toronto Local Appeal Body
40 Orchard View Boulevard, Suite 211 Toronto, Ontario M4R 1B9

Pursuant to Rule 10.1 (Form 2) Tel: 416-392-4697
Email: Web:
HEARING DATE: December 12, 2017
TIME: 9:00 a.m.
LOCATION: 40 Orchard View Boulevard
2nd Floor, Suite 211 Toronto, Ontario M4R 1B9
PROCEEDINGS COMMENCED UNDER subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended
City of Toronto Representative: GABRIELE GUIDUCCI
Subject(s): 45(1)
Property Address/Description:
Committee of Adjustment File 38 THIRTY SIXTH ST
Number(s): 17 127446 WET 06 MV (A0233/17EYK)
TLAB Case File Number(s): 17 201221 S45 06 TLAB

The Toronto Local Appeal Body has set aside one (1) day for this hearing.

All parties and participants should attend at the start of the hearing at the time and date indicated, irrespective of the time allotted. Hearing dates are firm – adjournments will not be granted except in accordance with the Rules.

Hearings will ordinarily be held by Oral Hearing; however, TLAB by Notice or by its Rules may provide that a proceeding may be by way of an Electronic Hearing or a Written Hearing.

TO VIEW PLANS AND MATERIALS IN THE APPLICATION FILE, please visit the Toronto Local Appeal Body website at


The notice has been provided to you, as required by the Planning Act, to ensure that, as an interested person, you may make your views known by filing your submissions in accordance with the Rules respecting:

– Applicant Disclosure as per Rule 11 (Form 3) DUE no later than September 07, 2017
– Notice of Intention to be a Party as per Rule 12 (Form 4) DUE no later than September 12, 2017
– Notice of Intention to be a Participant as per Rule 13 (Form 4) DUE no later than September 12, 2017
– Document Disclosure as per Rule 16 DUE no later than September 22, 2017
– Witness Statement as per Rule 16.4 (Form 12) DUE no later than October 10, 2017
– Participant Statement as per Rule 16.5 (Form 13) DUE no later than October 10, 2017
– Expert Witness Statement as per Rule 16.6 (Form 14) DUE no later than October 10, 2017
– Notice of Motion as per Rule 17 (Form 7) DUE no later than October 30, 2017
Information you choose to disclose to the Toronto Local Appeal Body will become part of the public record. Use of prescribed forms are mandatory.

If you do not attend the public hearing, or express your views in writing, the Toronto Local Appeal Body may proceed and make a decision in your absence, and may authorize changes to the proposal, matter, or grant the relief requested.

In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may request it by emailing the Toronto Local Appeal Body office at Such decision will be emailed to you when available. Also, the decision when available will be publically posted on the Toronto Local Appeal Body’s website at

The Toronto Local Appeal Body is committed to providing accessible services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessible needs, please contact the Accessibility Coordinator listed below as soon as possible. If you have specific accommodation needs, please identify those in advance and any assistance you may require in the event of an emergency evacuation.
DATE ISSUED August 23, 2017

Hsing Yi Chao Secretary

For more information on accessibility options, please contact
Accessibility Coordinator: Tyra Dorsey Accessibility Coordinator Telephone Number: 416-392-4697

Accessibility Coordinator Email:


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