Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO.:
PL210308
DECISION ISSUE DATE:
October 13, 2021
CORRECTION NOTICE ISSUE DATE:
November 04, 2021
RE: Soudan-Brownlow Properties Inc. v. Toronto (City)
Correction to: Appearances List on Page 1
Originally:
Corrected to:
Soudan-Brownlow Properties Inc.
David Bronskill Max Laskin Naomi Mares
Soudan-Brownlow Properties Inc.
David Bronskill Max Laskin
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO.:
PL210308
DECISION ISSUE DATE:
October 13, 2021
CORRECTION NOTICE ISSUE DATE:
October 20, 2021
RE: Soudan-Brownlow Properties Inc. v. Toronto (City)
Correction to: paragraph [5], point 2 – to reflect the corrected participant
Originally:
Corrected to:
Jessica Smuskowitz – on behalf of Jennifer Lane
Menkes Brownlow Inc.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 13, 2021
CASE NO(S).:
PL210308
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Soudan-Brownlow Properties Inc.
Subject:
Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning:
R2 Z06
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a 21-storey residential building
Property Address/Description:
8-18 Brownlow Avenue and
190-200 Soudan Avenue
Municipality:
City of Toronto
Municipality File No.:
20 230428 STE 12 OZ
OLT Case No.:
PL210308
OLT File No.:
PL210308
OLT Case Name:
Soudan-Brownlow Properties Inc. v. Toronto (City)
Heard:
October 5, 2021 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Soudan-Brownlow Properties Inc.
David Bronskill
Max Laskin
Naomi Mares
City of Toronto
Laura Bisset
Toronto Land Corporation
Julie Lesage
Pittman Patterson
South Eglinton Ratepayers and
Andy Gort*
Residents Association
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1Soudan-Brownlow Properties Inc. (“Applicant/Appellant”) intends to redevelop its property located at 8-18 Brownlow Avenue and 190-200 Soudan Avenue in Toronto (the “subject lands”) with a 21-storey residential rental building consisting of 167 new rental units.
2To facilitate its proposed development, the Applicant applied for an amendment to City Zoning By-law No. 438-86 (the “ZBA”). The City failed to make a decision on the application within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, at which point the Applicant appealed to the Tribunal pursuant to s. 34(11) of that statute.
3The Tribunal held this first Case Management Conference (“CMC”). Notice for the hearing event and the Affidavit of Service attesting to service were marked as Exhibit 1.
REQUESTS FOR PARTICIPANT STATUS
4The Tribunal received six requests for Participant status on behalf of residents, who live near the proposed development and one request for participant status from Marsha Nicols on behalf of 83 Redpath Avenue, Condominium TSCC2120 – Board of Directors. The Parties raised no concerns with these requests. Mr. Laskin stated he would appreciate receiving a copy of Ms. Nicol’s submission from the Case Coordinator.
5Having heard no objection from the Parties, the Tribunal conferred Participant status to:
Christopher Miller
Jessica Smuskowitz – on behalf of Jennifer Lane
John Goodyear
Leslie Chiswell
Marsha Nicols – TSCC2120 Condominium Corporation – Board of Directors – 83 Redpath Avenue
Peter Kay
Victoria Eastwood
6The Tribunal received two requests for Party status.
7Party status was conferred to the Toronto Lands Corporation (“TLC”) who had set out their concerns as accommodation issues related to the increased number of students, within the Midtown school area, generated from the proposed development. TLC had made prior written submissions in this regard to City Council.
8Party status was also conferred to the South Eglinton Ratepayers and Residents Association (“SERRA”) after having been fully apprised of, and acknowledging the responsibilities and obligations of Party status by the Tribunal. SERRA has set out five principle concerns in the request for Party status including the height, setbacks, traffic volumes, the deficiency of parkland in the neighbourhood and the opportunity for affordable rental units.
9Counsel for the Applicant/Appellant and the City were aware of the requests and presented no objections.
MEDIATION
10The prospect of the Parties entering into meaningful Tribunal-led mediation was favourably received by the Parties, who agreed that the matter would be fully explored and reported upon at a further CMC.
CMC, Procedural Order AND ISSUES LIST
11Mr. Laskin requested a second CMC based on the addition of Parties to this matter to scope the issues which will be put forth in the Hearing. All Parties agreed that a further CMC would allow for dialogue on submissions to the Issues List, a calculation on the number of expert witness that are expected to be called by each Party and to set a date for the hearing of the merits involved in this case.
ORDER
12The Tribunal orders as follows:
TLC and SERRA are conferred Party status.
Participant status is conferred as set out in the Decision.
Parties are to provide their issues to Counsel for the Applicant/Appellant on or before December 15, 2021, so that the Parties on consent, may jointly submit the draft Procedural Order containing an Issues List, 10 days prior to the second CMC.
The Tribunal orders that a second CMC is scheduled to commence at 10 a.m. on Wednesday, February 2, 2022 by video hearing to finalize the Procedural Order, Issues List and set down a hearing date on the merits of this matter:
GoTo Meeting: https://global.gotomeeting.com/join/923243253
Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 923-243-253
13Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
14Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line. The Access Code is as indicated above.
16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
17No further notice will be provided.
18This Member is not seized.
“D. Chipman”
D.CHIPMAN
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.