Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 04, 2021

CASE NO(S).: PL210238

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lamb Sterling Corp. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment Existing Designation: Neighbourhoods Proposed Designated: Mixed Use Areas Purpose: To permit an 18 storey, 326-unit mixed-use development Property Address/Description: 1405, 1407, 1409 and 1409A Bloor Street West and 231, 231A and 229 Sterling Road Municipality: City of Toronto Approval Authority File No.: 20 199975 STE 09 OZ OLT Case No.: PL210238 OLT File No.: PL210238 OLT Case Name: Lamb Sterling Corp. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lamb Sterling Corp. Subject: Application to amend Zoning By-law No. 569-2013 and 438-86 - Refusal or neglect of the City of Toronto to make a decision Existing Zoning: Residential Proposed Zoning: Commercial Residential and Mixed Commercial Residential Purpose: To permit an 18 storey, 326-unit mixed-use development Property Address/Description: 1405, 1407, 1409 and 1409A Bloor Street West and 231, 231A and 229 Sterling Road Municipality: City of Toronto Municipality File No.: 20 199975 STE 09 OZ OLT Case No.: PL210238 OLT File No.: PL210239

Heard: September 21, 2021 by Video Hearing

APPEARANCES:

Parties	Counsel
Lamb Sterling Corp.	Eileen Costello
City of Toronto	Derin Abimbola, Laura Bisset

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON SEPTEMBER 21, 2021 AND ORDER OF THE TRIBUNAL

1This is the first Case Management Conference (“CMC”) of the Ontario Land Tribunal for Case No. PL210238, concerning the appeals by Lamb Sterling Corp. (“Lamb”) of the City of Toronto’s (“City”) failure to make a decision on an application for an Official Plan Amendment and Zoning By-Law Amendment within the statutory time frame.

2Lamb is proposing to redevelop a site located at 1405, 1407, 1409 and 1409A Bloor Street West and 231, 231A and 229 Sterling Road, City of Toronto (“Subject Property”).

SERVICE OF NOTICE OF CMC

3The parties agreed that there was no issue with regard to service of the Notice of this CMC, and no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Natalie Hickey sworn August 19, 2021, which was marked as Exhibit 1.

REQUESTS FOR PARTICIPANT STATUS

4The Tribunal received 15 requests for Participant status in advance of the CMC. The concerns expressed in these requests included traffic, parking, construction impacts, building height, shadowing and other related issues. Upon consent of the Parties, the Tribunal granted Participant status to:

• Irmina Ayuyao
• Cristina Costa
• Karen Dick
• Julie Ford
• Katherine German
• Linda Klepp and Ian Maclaren
• Elizabeth Littlejohn
• Mary Macdonald
• Albert Malkin
• Rupert Ong
• Daniela Pirraglia
• Amy Saracino Couto
• Kaya Tache-Green
• Justin Trent
• Pam Vasiliu

5At the hearing, upon the Tribunal canvassing if there were any other persons seeking Participant status, the Tribunal received an oral request from Phill Hodgkinson. Mr. Hodgkinson stated that he lives directly across the street from the proposed development on Rattan Street and he has concerns with the proposed development. Upon consent of the Parties, Mr. Hodgkinson was granted Participant status. The Tribunal directed Mr. Hodgkinson to submit the standard form requesting participant status to provide the Tribunal with his information for future communications.

6No other persons or entities were present at the CMC requesting Participant status.

REQUESTS FOR PARTY STATUS

7The Tribunal received the following seven requests for Party status in advance of the CMC:

• 221 Sterling Road Holdings Inc.
• South Junction Triangle Grows
• TSCC #2174
• Cristina Costa
• Brett Rycombel
• Philip Share
• Cara Sweeny

8Upon consent of the Parties, the Tribunal granted Party status to 221 Sterling Road Holdings Inc. (“Sterling”), represented by counsel Daniel Artenosi. Sterling owns the land adjacent on the east side of the Subject Property and has filed applications for draft plan of subdivision and zoning by-law amendments to permit redevelopment of its property.

9Prior to the Tribunal hearing from the remaining six Party status requests, Ms. Costello proposed that the requests be considered at a subsequent CMC. In discussions with the individuals, she noted that they were waiting to see an issues list from the City before creating their own issues lists. Ms. Costello noted that there would be sharing of information and as such, individuals would have a better understanding of the case that will be called once the City has circulated an issues list. Ms. Abimbola noted that the Request for Directions Report from the City (“Report”) is a public document and upon review of this document, some of the individuals requesting Party status may elect to be participants.

10Cara Sweeny spoke for South Junction Triangle Grows (“South JT”), which is a neighbourhood association seeking Party status. Ms. Sweeny noted that she is a lawyer, but is not appearing as counsel for South JT. Ms. Sweeny stated that they cannot articulate the issues that South JT will raise until they know what the issues raised by the City will be. The Tribunal questioned whether South JT was an incorporated entity and Ms. Sweeny stated that they were not. The Tribunal drew attention to the fact that an unincorporated entity is not a person under the law and the Tribunal is only able to grant party status to a person. Ms. Sweeny stated that South JT will be incorporated prior to the second CMC and will revisit the request for Party status at that time.

11Nikku Sharma spoke for TSCC #2174, which is an 85-unit condominium corporation located directly to the east of the Subject Property and to the north of the Sterling property. Ms. Sharma noted that they were waiting for the issues list from the City in order to clarify the issues that will be raised by TSCC #2174, but did note concerns with height, sunlight, access and transportation.

12Cristina Costa was granted Participant status and was also seeking Party status. Ms. Costa noted that once the issues list has been circulated by the City, she may be content with Participant status but, at this time, would like to maintain her request for Party status. Ms. Costa has concerns with the height of the building, public transit infrastructure, private ownership of the park and parking. The Tribunal questioned whether Ms. Costa was a member of South JT or TSCC #2174 and she noted that she is a member of South JT.

13Brett Rycombel is a resident of Sterling Road and founded the South Perth & Sterling Road Residents Association but is requesting status on his own behalf. The Subject Property is adjacent to his backyard and he has concerns with building height, construction damage and traffic. Mr. Rycombel noted that the issues raised by the City may impact his issues list.

14Philip Share is a co-chair of the South Perth & Sterling Road Residents Association but is requesting status on his own behalf. He has concerns regarding the height of the building, impact to the neighbourhood with the proposed ingress and egress and parking. Mr. Share noted that he would like to see the City’s list of concerns prior to moving forward with his own.

15Cara Sweeny is a resident of Sterling Road and is requesting status on her own in addition to being the agent for South JT. Ms. Sweeny indicated that she would like to preserve her independent rights to speak on issues that may differ from those of South JT. She noted concerns that were highlighted by others requesting party status. Ms. Costello raised her concern to the Tribunal with Ms. Sweeny acting as an agent for South JT and seeking individual Party status.

16Ms. Costello noted that a determination of the party status requests is premature and should be decided at the second CMC. By delaying such a decision, the individuals seeking Party status will be afforded the opportunity to review the Report from the City, understand what the City’s issues will be, make a determination whether they will formulate their own issues list and call independent evidence on those issues at a hearing of the merits.

17Ms. Abimbola acknowledged that it was also her understanding that the individuals were awaiting the Report in order to make an informed decision with respect to the issues. She did note that the City’s only client is the City Council and wanted to remind individuals of this. Ms. Abimbola agreed with Ms. Costello that a decision with respect to Party status requests was premature.

18The Tribunal agrees with Ms. Costello and Ms. Abimbola that, with the exception of Sterling, a decision on Party status is premature and will be considered at the second CMC. Prior to the second CMC, the Tribunal encouraged those seeking Party status to fully understand the City’s position and to have discussions amongst themselves to identify any commonalities or areas of overlap.

19No other persons or entities were present at the CMC requesting Party status.

SECOND CMC DATE

20A second CMC was requested and granted. The second CMC will focus on finalizing the draft Procedural Order, Issues List and Hearing Plan. The parties and the individuals seeking Party status were directed to be prepared to set dates for a hearing on the merits at the second CMC.

21The Tribunal set a second CMC for Friday, December 3, 2021, commencing at 10 a.m. by Video Hearing (“VH”).

[22] Parties 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: https://global.gotomeeting.com/join/751423813 Access code: 751-423-813

23Parties 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

24Persons 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: +1 (647) 497-9373 or (Toll-Free) 1 888 299-1889. The access code is 751-423-813.

25Individuals 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 hearing by video 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.

PROCESS

26The Tribunal was informed by Ms. Abimbola that the Report is on the October 14, 2021, agenda for the City and the parties and individuals seeking Party status will have the Report available to them in October.

27As a result, the parties submitted that it would be prudent to stagger the submission of issues lists following the City’s meeting.

28The City will provide their issues list and list of witnesses to the parties and the individuals seeking Party status on or before November 17, 2021.

29The parties and the individuals seeking Party status will circulate their issues list and list of witnesses on or before November 24, 2021.

30Ms. Costello will file a draft Procedural Order, Issues List and Hearing Plan with the Tribunal on or before November 29, 2021.

ORDER

31The Tribunal orders that 221 Sterling Road Holdings Inc. is a Party in this proceeding.

32The Tribunal orders that the individuals listed in paragraphs [4] and [5] above are Participants in this proceeding.

33The Tribunal directs that the Parties and the individuals requesting Party status file a draft Procedural Order and Issues List with the Tribunal by no later than November 29, 2021.

34The Tribunal directs South Junction Triangle Grows to advise the Tribunal as to its incorporation status.

35The Tribunal orders that a second CMC will be held by Video Hearing on Friday, December 3, 2021 commencing at 10 a.m. At this second CMC, the Tribunal will entertain requests for Party status, review and finalize a draft Procedural Order and Issues List, and set hearing dates if possible.

36No further notice of the CMC is required.

37This Member is not seized.

“C. Hardy”

C. HARDY MEMBER

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.