August 24, 1999
CHAIR AND MEMBERS OF
ETOBICOKE COMMUNITY COUNCIL
City of Toronto
Etobicoke Civic Centre
399 The West Mall
Etobicoke, Ontario
M9C 2Y2
Dear Chair and Members of the Etobicoke Community Council:
Re: Validation Certificate Application - City of Toronto
107 Martin Grove Road, 109 Goswell Road & 93 Goswell Road
PURPOSE:
This report is submitted form the purpose of requesting a Validation Certificate pursuant to the Planning Act, to sever the
properties municipally known as 107 Martin Grove, 109 Goswell Road and 93 Goswell Road because title to the properties
was merged inadvertently as the stamp of the Committee of Adjustment was not applied to the Transfers.
FUNDING SOURCES, FINANCIAL IMPLICATIONS AND IMPACT STATEMENT;
The cost of preparing this report and the subsequent Certificate of Validation will be borne by the applicant. There are no
other financial implications.
RECOMMENDATIONS:
We recommend that a Certificate of Validation in the form attached be issued in respect of the properties at 107 Martin
Grove Road, 109 Goswell Road & 93 Goswell Road.
COUNCIL REFERENCE/BACKGROUND/HISTORY
In 1975, Ernest and Florence Salt made an application to Committee of Adjustment
(B-96/75) to have their lands municipally known as 107 Martin Grove Road and described as Lot 2 on Plan 3869 being
Parts 2 & 3 on Plan 64R-5173 severed by conveying Part 2 to Joe Muhic.
At the same time of Application, B-96/75, Evlyne and Robert Smith made an application to Committee of Adjustment
(B-95/75) to have their lands municipally known as 109 Goswell Road and described as Lot 1, Plan 3869 being Parts 1 & 4
on Plan 64R-5173 severed by conveying Part 1 to Joe Muhic.
Both Applications B-96/75 and B-95/76 were contingent upon one another which would create a new Lot being described
as Part of Lots 1 & 2, Plan 3869 being Parts 1 & 2 on Plan 64R-5173. The properties abut each other and therefore would
be subject to the part lot provisions in the Planning Act.
The Committee of Adjustment granted the requested Consents in B-96/75 and B-95/75, however the applicants failed to
have the Deeds stamped by the Committee of Adjustment.
Parts 1 and 2 were subsequently conveyed to Joe Muhic. The property was developed as a single family dwelling
municipally known as 93 Goswell Road.
In 1980, another Application for Consent (Salt and Smith together) was filed with the Committee of Adjustment (B-44/80)
to grant the aforesaid Consents in B-96/75 and
B-95/75 and again, Consent was granted on both parcels but, again, the applicants failed to have the Deeds stamped by the
Committee of Adjustment.
COMMENTS AND/OR DISCUSSION AND/OR JUSTIFICATION:
The solicitor for Florence Salt has requested a Validation Certificate to validate the transfer from Salt to Muhic. In 1991,
Muhic transferred Parts 1 and 2, Plan 64R-5173 to Bertha Ticic, who is the present registered owner.
Under the Planning Act, Council is authorized to give severance consent by way of issuance of a Certificate of Validation,
which Certificate would retroactively cure the title defect. However, "the Validation Certificate does not affect the rights
acquired by any person from a judgment or order of any court given or made on or before the date on which the certificates
issued".
CONCLUSIONS:
1. The properties at 107 Martin Grove Road and 109 Goswell Road were separately owned prior to the Consent
Applications. The Consents were granted on both occasions to create a new Lot municipally known as 93 Goswell Road. A
single family residence was constructed on the property known as 93 Goswell Road and is in accordance with the intent
and purpose of the Official Plan and Zoning By-law.
2. As a result of the Applicants neglecting to have the Committee of Adjustment stamp their Transfers prior to registration
of same, title was not properly conveyed.
3. The issuance of a Certificate of Validation is appropriate in this matter.
CONTACT NAME:
John R. Hart at Reble, Ritchie, Green & Ketcheson, Solicitor.
Telephone: 622-6601, Fax: 622-4713.
Yours truly,
REBLE, RITCHIE, GREEN
& KETCHESON
Per:
John R. Hart
:pk
cc: Kallmeyer, Payne
Authority:
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
BY-LAW No.
A By-law to Validate Lands Pursuant to Sections 50 & 57 of the Planning Act
WHEREAS Ernest Frederick Salt and Florence Alberta Salt, (hereinafter called "Salt") are the registered owners of the
lands known as 107 Martin Grove Road and more particularly described in Schedule "A" herein;
AND WHEREAS Robert Charles Smith and Evlyne Smith, (hereinafter called "Smith") are the registered owners of the
lands known as 109 Goswell Road and more particularly described in Schedule "B" herein;
AND WHEREAS Smith applied to the Committee of Adjustment to sever the rear of their abutting lands described as
Firstly in Schedule "C" herein and Salt applied to the Committee of Adjustment to sever the rear of their abutting lands
being described as Secondly in Schedule "C" herein;
AND WHEREAS the lands described in Schedule "C" were to create a new single family lot municipally known as 93
Goswell Road;
AND WHEREAS portions of the Schedule "A" lands and the Schedule "B" lands abut the Schedule "C" lands and are
therefore subject to the part lot provisions in the Planning Act, R.S.O., 1990, c.P.13;
AND WHEREAS the Committee of Adjustment approved both Applications and all conditions were met;
AND WHEREAS the parties did not have the Committee of Adjustment stamp their conveyances as to the lands in
Schedule "C" herein and as a result the Transfers were registered without the Committee of Adjustment stamp;
AND WHEREAS on February 13, 1976, Ernest Frederick Salt and Florence Alberta Salt conveyed by Instrument
No.458867 Etobicoke that part of Lot 2, Registered Plan 3860 being Part2 on Plan 64R-5173 to Joe Muhic, carrying on
business under the firm name and style of Joe Muhic Construction;
AND WHEREAS the transfer of the lands by Instrument 458867 Etobicoke resulted in a breach of the Planning Act in that
Ernest Frederick Salt and Florence Alberta Salt retained abutting lands when they conveyed Part 2 on Plan 64R-5173;
AND WHEREAS on February 13, 1976, Robert Charles Smith and Evlyne Smith, as joint tenants conveyed by Instrument
No. 458869 Etobicoke that part of Lot 1, Registered Plan 3860 being Part 1 on Plan 64R-5173 to Joe Muhic, carrying on
business under the firm name and style of Joe Muhic Construction;
AND WHEREAS the transfer of the lands by Instrument No.458869 Etobicoke resulted in a breach of the Planning Act in
that Robert Charles Smith and Evelyn Smith retained abutting lands when they conveyed Part 1 on Plan 64R-5173;
AND WHEREAS on September 27, 1976, Joe Muhic, carrying on business under the firm name and style of Joe Muhic
Construction conveyed by Instrument No.467616 Etobicoke the lands described in Schedule "C" to Smajo Ticic and Berta
Ticic, as joint tenants, being the present registered owners of the lands in Schedule "C";
AND WHEREAS Florence Alberta Salt, as surviving joint tenant has requested a Validation Order pursuant to Section 57
of the Planning Act, R.S.O, 1990;
AND WHEREAS Section 57(1) of the Planning Act, R.S.O., 1990, Chapter P.13, as amended, states that a council
authorized to give a consent under Section 53 may issue a certificate of validation;
AND WHEREAS the City of Toronto deems it appropriate to issue a Certificate of Validation;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CITY OF TORONTO
ENACTS AS FOLLOWS:
l. That a contravention of Section 50 of the Planning Act or a predecessor thereof, or a by-law passed under a predecessor
of Section 50 or of an order made under clause 27(1)(b), as it existed on the 25th day of June, 1970, of the Planning Act,
being Chapter 296 of the Revised Statutes of Ontario, 1990, or a predecessor thereof, does not have and shall be deemed
never to have had the effect of preventing the conveyance or creation of any interest in the lands described in Schedule "C"
herein;
2. That by the passage of the herein By-law, Council has given consent for validation of the lands described in Schedule
"C" and described in Instrument Nos.458867 Etobicoke and 458869Etobicoke;
3. That this By-law shall take effect upon its approval by the City of Toronto and upon its registration in the appropriate
Land Registry Office.
ENACTED AND PASSED this day of September, A.D. 1999.
______________________
MayorCity Clerk
SCHEDULE 'A'
Lands municipally known as 107 Martin Grove Road
Part of Lot 2, in the City of Toronto (formerly the City of Etobicoke) according to Plan 3860 and being more particularly
described as Part 3 on Plan 64R-5173 filed in the Land Registry Office for the Registry Division of Toronto.
SCHEDULE 'B'
Lands municipally known as 109 Goswell Road
Part of Lot 1, in the City of Toronto (formerly the City of Etobicoke) according to Plan 3860 and being more particularly
described as Part 4 on Plan 64R-5173 filed in the Land Registry Office for the Registry Division of Toronto.
SCHEDULE 'C'
Lands municipally known as 93 Goswell Road
FIRSTLY:
Part of Lot 1, in the City of Toronto (formerly the City of Etobicoke) according to Plan 3860 and being more particularly
described as Part 1 on Plan 64R-5173 filed in the Land Registry Office for the Registry Division of Toronto.
SECONDLY:
Part of Lot 2, in the City of Toronto (formerly the City of Etobicoke) according to Plan 3860 and being more particularly
described as Part 2 on Plan 64R-5173 filed in the Land Registry Office for the Registry Division of Toronto.
