Goodbye, OMB! Hello, TLAB! What the new board could mean for you

31
May
2017

Not long ago, we wrote about the Ontario Municipal Board (OMB), which is where you might appeal an unsuccessful application from the Committee of Adjustment.

Or, at least, where you used to appeal it.

Last month, the OMB announced it would no longer hear these appeals in the province’s major cities—including Toronto—but would instead defer to the newly formed Toronto Local Appeal Board (TLAB).

The idea is an honest one: instead of being backlogged by an entire province’s worth of renovating or building homeowners, Toronto-area residents can bring their cases to a local board. And neighbouring residents can bring up their opposition to the same local board,
keeping the process as transparent and as smooth as possible.

The TLAB would essentially keep local cases local. Sounds great, right?

But there are mounting fears that this open environment could actually hinder—or halt altogether—construction and renovations for people who are forced to go up against NIMBYs.

The not-in-my-backyard folks would also have a more prominent soapbox from which to loudly voice their concerns about a change in variance, for example. And there is a concern that local politics will play a larger role in this new board, swaying decisions for selfish or baseless reasons.

Still, the presentation of a case’s planning evidence is the same as with the OMB—planners and lawyers send in their evidence ahead of the hearing, and the opposition has a chance to dispute this evidence. In the end, the stronger planning evidence should come out ahead, if all things are equal.

TLAB has yet to hear a case, so these fears are fairly baseless themselves, but it’s certainly something to keep an eye on, especially if you’re looking to kick off a new build or renovation in the coming months.

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