Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
November 10, 2022
CASE NO(S).:
OLT-22-003672
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Timbercreek 4340 Bloor St. Inc.
Subject:
Application to amend Zoning By-law No.
569-2013
Existing Zoning:
Residential Apartments (RA)(f24.9)(x67) u
Proposed Zoning:
Residential Apartments (RA)(f24.9)(x67) u
Purpose:
To permit a 16-storey apartment building
Property Address/Description:
4340 Bloor Street
Municipality:
City of Toronto
Municipal File No.:
20 222977 WET 02 OZ
OLT Case No.:
OLT-22-003672
OLT Lead Case No.:
OLT-22-003672
OLT Case Name:
Timbercreek 4340 Bloor St. Inc. v. Toronto (City)
Heard:
September 29, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Timbercreek 4340 Bloor St. Inc.
Zachary Fleisher
City of Toronto
Sara Amini
Toronto Lands Corporation
Sylvain Rouleau
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON SEPTEMBER 29, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding an appeal by Timbercreek 4340 Bloor St. Inc. (“Applicant”/“Appellant”) pursuant to s. 34(11) of the Planning Act (“Act”) for the lack of decision on an application for a Zoning By-law Amendment (“ZBA”) by the City of Toronto (“City”) for the property municipally known as 4340 Bloor Street (“Subject Property”).
2The Tribunal confirmed that proper Notice was given and marked the Affidavit of Service as Exhibit 1.
REQUESTS FOR STATUS
3The Tribunal received a written request for Party status from the Toronto Lands Corporation, as agent for the Toronto District School Board (“Toronto Lands Corporation”), who owns and operates Millwood Junior School which is immediately adjacent to the Subject Property. The Tribunal granted this request with no objections from the Parties.
4There were three requests for Participant status: Marie Worobec, the Markland Wood Homeowners Association and Marcus Hendrik. The Tribunal granted these requests with no objections from the Parties.
MEDIATION AND SETTLEMENT
5The Tribunal inquired as to any opportunities for settlement, including the use of Tribunal-led mediation. Counsel for the Applicant/Appellant and the Toronto Lands Corporation advised the Tribunal that, while still early in the process, they were open to settlement discussions in one form or another. Counsel for the City advised that she did not yet have instructions from Council regarding the possibility of settlement. The Tribunal advised the Parties that should they wish to pursue formal mediation through the Tribunal, they may reach out to the Case Coordinator for assistance.
PROCEDURAL ORDER AND ISSUES LIST
6The Applicant/Appellant and the City submitted a draft Procedural Order (“PO”) and Issues List (“IL”) in advance of the CMC. The IL contained the issues from the Toronto Lands Corporation; however, Ms. Amini advised that she had not yet received instructions from Council and had not finalized the City’s issues. The Applicant/Appellant and the City confirmed that the City’s issues would be finalized and shared by January 20, 2023. The Tribunal directed the Parties to complete and submit the finalized PO and IL on or before January 31, 2023.
HEARING
7The Tribunal canvassed the Parties regarding the number of witnesses and the amount of time required for the hearing of the merits. Given the number of Parties and issues, the Parties requested a ten (10) day hearing. A video hearing was scheduled and will commence at 10 a.m. on Monday, June 5, 2023 for ten (10) days. No further notice will be given.
8Parties 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/344779885
Access code: 344-779-885
9Parties 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
10Persons 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: (Toll Free) 1-888-299-1889 or + (647) 497-9373. The access code is as indicated above.
11Individuals 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.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair and efficient resolution of this matter. The Parties indicated there were none.
ORDER
13The Tribunal orders that:
a. Toronto Lands Corporation, as agent for the Toronto District School Board is added as a Party;
b. Marie Worobec, the Markland Wood Homeowners Association and Marcus Hendrik are added as Participants;
c. The Parties will submit a revised Procedural Order including Issues List for the Tribunal’s review and approval on or before January 31, 2023;
d. A 10-day hearing will begin at 10 a.m. on June 5, 2023; and,
e. There will be no further notice and this Member is not seized.
“S. Bobka”
S. BOBKa
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.