Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
September 13, 2021
CASE NO(S).:
PL210318
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Cory Shieff
Subject:
By-law No. 15 193651 STE 14 OZ to permit a 19-storey mixed use building at 1182 King Street West and a 14-storey mixed used building at 1221 King Street West
Municipality:
City of Toronto
OLT Lead Case No.:
PL210318
OLT Case No.:
PL210318
OLT Case Name:
Shieff v. Toronto (City)
Heard:
September 2, 2021 by video hearing
APPEARANCES:
Parties
Counsel
1182 King Street West Limited and
D. Bronskill
1221 King Street West Limited
M. Laskin
B. Tee (Articling Student)
City of Toronto
M. Hardiejowski
Cory Shieff
Did not appear
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 2, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a motion by 1182 King Street West Limited and 1221 King Street West Limited (“Applicant”) to dismiss the appeals under s. 34(19) of the Planning Act by Cory Shieff (“Appellant”) without hearing.
2The Applicant served the Parties with an Affidavit of Service (“Exhibit 1”) for the Motion Record and Document Book (“Exhibit 2”) of the Applicant on August 18, 2021.
3The City of Toronto (“City”) approved Zoning By-laws Nos. 222-2021 and 223-2021 for the subject properties that are located at the corner of King Street West and Dufferin Street. The approved application includes a 19-storey mixed-use building that will be located 1221 King Street West on the southwest. Diagonally across the intersection on the northeast corner a 21-storey mixed-use building at 1182 King Street West was approved.
4The Applicant submits to the Tribunal that under s. 34 (19) of the Planning Act and s. 9(1) of the Ontario Land Tribunal Act, the appeal by the Appellant is invalid. The rationale for the Motion to dismiss is based on the Appellant’s failure to make oral submissions at a statutory public meeting or make written submissions to the City Council before the passage of By-laws Nos. 222-2021 and 223-2021, which is a mandatory prerequisite for any appeal.
5The Tribunal enquired with City Counsel for their position on the Motion before the Tribunal. Counsel informed the Tribunal that they were appearing in support of the Motion and referenced that in Exhibit 2, the Affidavit of Ellen Devlin, sworn on August 17, 2021, a staff member of the City, confirms that the Appellant did not participate in the process either by written or in oral submissions.
6The Appellant did not appear before the Tribunal despite the Tribunal willingness to make accommodations at the request of the Appellant that included a change from the Tribunal’s video hearing platform to Zoom. It is the duty and the obligation of the Appellant to participate or give consent to be represented by another individual to Tribunal proceedings. The evidence before the Tribunal in support of the Motion is accordingly unchallenged.
ORDER
7THE TRIBUNAL ORDERS that the motion is granted and the appeal by Cory Shieff is dismissed.
“Steven Cooke”
STEVEN COOKE
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.