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Rail Deck Park Stated Case Decision - Procedural rights in an appeal governed by s. 38 of the LPAT Act

May 17, 2019

On 16 May 2019, the Divisional Court released its decision in the Rail Deck Park Stated Case. The Stated Case arose out of questions raised during the Case Management Conference (“CMC”) held by the Local Planning Appeal Tribunal (“LPAT” or “Tribunal”) with respect to appeals filed regarding the City of Toronto’s Official Plan Amendment No. 395 for the Rail Deck Park.

The Divisional Court’s decision confirms that on an appeal to the Tribunal under s. 38 of the LPAT Act, it is only the LPAT who may examine witnesses, whether those witnesses provide evidence orally or by affidavit.

While this decision provides guidance on the appeal process established by Bill 139, Building Better Homes and Conserving Watersheds Act, 2017, the decision is likely to be of limited relevance given the proposed amendments to the planning appeal process contained in Bill 108, More Homes, More Choice Act, 2019. Bill 108 proposes to essentially restore the appeal process that existed before Bill 139 came into effect.

The hearing of the Rail Deck Park appeal is scheduled to start on 27 May 2019.

A copy of the decision is available here.

Author(s): Lee English

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