The following forms were adopted by the Toronto Local Appeal Body on May 6, 2019.
Forms may be completed by the appellant, applicant, party, participant or an authorized representative.
Completed forms must be submitted electronically, in PDF format, to tlab@toronto.ca with the exception of Form 1 – Notice of Appeal. The Notice of Appeal must be submitted to the appropriate Committee of Adjustment district office.
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Important Note: The Provincial Government has amended the Planning Act and generally removed rights of third parties to appeal Committee of Adjustment decisions. As of November 28, 2022, only the applicant, the Minister of Municipal Affairs and Housing, specified persons and public bodies (as those terms are defined in the Planning Act), are permitted to appeal decisions of the Committee of Adjustment.
The Provincial Government’s amendments to the Planning Act also removed the rights of third parties to proceed with an appeal if the Notice of Hearing was not issued prior to October 25, 2022.
If you are a third party who filed an appeal prior to November 28, 2022, and the Toronto Local Appeal Body Notice of Hearing pursuant to Rule 10.1 (form 2) was not issued prior to October 25, 2022, under the provincially amended legislation, the appeal is dismissed and will not proceed.
To appeal a decision of the Committee of Adjustment, you must complete the Form 1 – Notice of Appeal Fillable and submit the form in digital PDF format to the Manager & Deputy Secretary-Treasurer of the Committee of Adjustment. Note: A fee is payable at the time of filing of an appeal. Please contact the Committee of Adjustment for filing instructions.
The Notice of Hearing Form 2 is issued by the Toronto Local Appeal Body and served by email on the appellant, the City of Toronto, the applicant and any interested parties identified in the Committee of Adjustment hearing. The Notice of Hearing Form 2 will be sent to individuals without an email address via regular mail.
If you are the applicant and plan to make revisions or modifications to your original application, you must let TLAB know by filing an Applicant Disclosure (Form 3) along with any supporting documents by email to tlab@toronto.ca no later than 20 days after the Notice of Hearing is issued. The due date for filing Applicant Disclosure is listed on the Notice of Hearing.
Form 3 – Applicant’s Disclosure Fillable
All individuals and organizations that wish to be a party or a participant in a hearing must file a completed Notice of Intention (Election) to be a Party or Participant Form 4 by email to tlab@toronto.ca within 30 days of the Notice of Hearing being issued. You can find the due date for filing this form on the Notice of Hearing.
Form 4 – Notice of Intention (Election) to be a Party or Participant Fillable
If you hire expert witnesses to give evidence about technical questions at the hearing, the witness will have to prepare an Acknowledgement of Expert’s Duty (Form 6) and an Expert’s Witness Statement (Form 14). You will have to send the other parties or their representative’s copies of the Expert’s Witness Statement and Acknowledgement of Expert’s Duty at least 60 days after the Notice of Hearing is issued. This date is listed on the Notice of Hearing. You must also file the completed forms and material via email to tlab@toronto.ca.
If you want to submit a motion you should make your intention known to the TLAB as soon as possible. The first step is to contact the TLAB office to receive a date, time and location for your motion. Once you receive a date from the TLAB, complete a Notice of Motion form and a sworn statement (an Affidavit Form 10) outlining your reasons; the grounds for the request; any documents supporting the request. You must send the Notice of Motion Form 7, Affidavit Form 10 and any electronic copies of documents that will be used to support the motion by email to tlab@toronto.ca and to all other parties. This must be done no later than 15 days before the hearing date – this date will appear on the Notice of Hearing.
A party can respond to a Notice of Motion. The responding party must deliver a Notice of Response to Motion Form 8 via email to tlab@toronto.ca and all parties at least seven days before the motion date.
The Notice of Response to Motion should include a reference to any rules or laws to be relied upon; list any attached documents to be used in the response and be accompanied by an Affidavit Form 10 setting out a brief and clear statement of the facts relied upon.
You can reply to a response to a motion by serving your Notice of Reply to Response to Motion Form 9 by email to tlab@toronto.ca and all other parties. The reply should only include new issues, facts and documents raised in the notice of response and state your reply including any additional documents. Your reply must also be accompanied by an Affidavit Form 10 setting out a brief statement of facts relied upon.
Your reply to a response must be filed no later than 4 days before the motion date.
Affidavit (Form 10) is used to set out a brief and clear statement of the facts relied upon. Evidence in a written hearing must be by Affidavit. This form must be completed with all motion forms and be served with other documents, forms and notices by email to tlab@toronto.ca and all other parties.
If you want a person to give evidence who would not otherwise be at your hearing, you may ask the TLAB to issue a summons ordering him or her to attend. You should do this as soon as possible as the summons, if issued, will have to be served on the witness at least 30 days before the hearing date. To request a summons, send a completed Request for Summons Form 11 to tlab@toronto.ca.
Parties are required to provide a copy of all the documents and witness statements for persons who wish to present evidence at the hearing. Any witness statements must be submitted using the Party Witness Statement Form 12 within 60 days of the Notice of Hearing being issued – this date will appear on the Notice of Hearing.
If a Party wishes to speak at a hearing, they must submit Form 12. If they do not file a statement, they may not be permitted to speak at the hearing.
Participants are required to provide a short written outline of their intended evidence along with a list of every document they wish to rely on or produce at the hearing. Participant statements must be submitted using the Participant Witness Statement Form 13 within 60 days of the Notice of Hearing being issued – this date will appear on the Notice of Hearing.
If a Participant does not submit a participant statement in the required time, they may not be permitted to speak at the hearing.
If you hire expert witnesses to give evidence about technical questions at the hearing, the witness will have to prepare an Acknowledgement of Expert’s Duty (Form 6) and an Expert’s Witness Statement (Form 14). You will have to send the other parties or their representative’s copies of the Expert’s Witness Statement and Acknowledgement of Expert’s Duty no later than 60 days after the Notice of Hearing is issued. This date is listed on the Notice of Hearing. You must also file the completed forms and material via email to tlab@toronto.ca.
TLAB staff will review your appeal application to ensure your appeal form is completed in full and the date received by Committee of Adjustment is within the legal time limits. If any of these conditions are not met, the TLAB will not process the appeal and you will be sent a Notice of Non-compliance via email. If you receive a Notice of Non-Compliance, you can resume the appeal process by providing the required information within FIVE (5) days of the notice date.
Appeal applications are subject to adjudicative screening by a Member of the TLAB. If an appeal does not meet the legal requirements, the Member may propose the dismissal of all or part of an appeal. If a Member of the TLAB proposes dismissal, you will receive a Notice of the Proposed Dismissal, at which time you will be given TEN (10) days to provide a written response. Any fees paid will not be refunded.
TLAB will issue a Notice of Mediation to all parties when a mediation is to be scheduled as a result of a decision on a Notice of Motion or by direction of TLAB. Mediation is not open to the public.
The TLAB may hold a prehearing meeting before a hearing, especially if the matter in dispute is expected to be long or complicated. A Notice of Prehearing will be served on all parties. Prehearings are open to the public and the Notice will be posted on the TLAB webpage under Scheduled Hearing section.
If a Party wishes to respond to a Form 12 – Party Witness Statement, they may do so using Form 19 – Response to Party Witness Statement. Responses must be submitted to TLAB and served to all Parties no later than 75 days after a Notice of Hearing is served.
If a Party wishes to reply to a Form 19 – Response to Party Witness Statement, they may do so using Form 20 – Reply to Responding Witness Statement. Replies must be submitted to TLAB and served to all Parties no later than 85 days after a Notice of Hearing is served.
If a Party wishes to respond to a Form 14 – Expert Witness Statement, they may do so using Form 21 – Responding Expert Witness Statement. Responses must be submitted to TLAB and served to all Parties no later than 75 days after a Notice of Hearing is served. If they have not already done so, a Responding Expert Witness must also provide a Form 6 – Acknowledgement of Expert Duty form.
If a Party wishes to respond to a Form 21 – Responding Expert Witness Statement, they may do so using Form 22 – Reply to Responding Expert Witness Statement. Responses must be submitted to TLAB and served to all Parties no later than 85 days after a Notice of Hearing is served. If they have not already done so, a Responding Expert Witness must also provide a Form 6 – Acknowledgement of Expert Duty form.
Form 22 – Reply to Responding Expert Witness Statement Fillable
TLAB will review your Request for Review to ensure it is completed according to Rule 31 and submitted within the time limits provided.
If any of these conditions are not met, the TLAB will not process the request and you will be sent a Notice of Non-compliance of Review Request via email. If you receive a Notice of Non-Compliance, you can resume the Review Request process by providing the required information within FIVE (5) days of the notice date.
If a review request does not meet the requirements set out in the Rules of Practice and Procedure, the Member may propose the dismissal of all or part of the review request. If a Member of the TLAB proposes dismissal, you will receive a Notice of the Proposed Dismissal for a Review Request, at which time you will be given TEN (10) days to provide a written response. Any fees paid will not be refunded.
The Notice of Review Form 25 is issued by the Toronto Local Appeal Body and served by email on the Party who requested the Review, and all other Parties involved in the proceeding.
If a Party wishes to respond to the Review, they may do so by serving a Form 26 – Notice of Response to Review on TLAB and all other Parties no later than 20 days from the date the Notice of Review is issued.
If the Party requesting the Review wishes to reply to any Responses to Review by other Parties, they may do so by serving a Form 27 – Reply to Notice of Response to Review on TLAB and all other Parties no later than 25 days after the Notice of Review is issued.
You may request a Certified Decision by completing this form and submitting the completed form along with payment to the Toronto Local Appeal Body office. One form is required for each Decision you are requesting. A fee of $20.00 is required for each copy of a Decision requested payable at the time of request.
You may request a certified copy of an Exhibit by completing this form and submitting the completed form along with payment to the Toronto Local Appeal Body office. One form is required for each set of Exhibits you are requesting. A fee of $20.00 is required for each certified copy of an Exhibit or part thereof requested.
You may request a copy of a Digital Audio Recording of any proceeding by completing this form and submitting the completed form to the Toronto Local Appeal Body office. One form is required for each set of proceeding you are requesting. Circumstance may arise whereby a digital audio recording of a proceeding, in part or in whole, is not available.