Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-004171
DECISION ISSUE DATE(S):
November 21, 2022
CORRECTION NOTICE ISSUE DATE:
November 30, 2022
RE: Glen Everest Developments Inc. v. Toronto (City)
Correction to: Paragraph [22] c., the date is being changed from 2022 to 2023.
Originally:
Corrected to:
“Monday July 17, 2022”
“Monday, July 17, 2023”
“Euken Lui”
EUKEN LUI
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:
November 21, 2022
CASE NO(S).:
OLT-22-004171
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
Glen Everest Developments Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
to permit a 12-storey, 427-unit development
Reference Number:
21 134156 ESC 20 OZ
Property Address:
54-62 Glen Everest Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004171
OLT Case No:
OLT-22-004171
OLT Case Name:
Glen Everest Developments Inc. v. Toronto (City)
Heard:
November 1, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Glen Everest Developments Inc.
Joe Hoffman
City of Toronto
Jason Davidson
Tenants Have No Rights Association
Cindee Berry*
DECISION DELIVERED BY BRYAN W. TUCKEY AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above-noted matter. Glen Everest Developments Inc. (“Applicant”) has filed an appeal against the City of Toronto (“City”) for failing to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as 54-62 Glen Everest Road in the City of Toronto (“Subject Property”).
2The effect of the ZBA is to permit a 12-storey residential building with a total of 414 units. The Applicant proposes to replace the existing 68 rental units on the site that would be demolished. A separate application has been submitted to the City for rental housing demolition. The proposal has a Gross Floor Area (“GFA”) of approximately 31,410 square metres with a Floor Space Index (“FSI”) of 6.37.
3The Affidavit of Service sworn September 27, 2022 is marked as Exhibit 1. No further notice is required.
4There are no additional requests for Party status at the CMC with respect to this matter. There is one registered request for Participant status from Ryan Debergh. The Tribunal also received one additional Participant request from Cindee Berry, who attended the CMC and requested status as an individual. Ms. Berry is a resident of one of the existing buildings and made her best efforts to submit a Participant Request form to the Tribunal but was unsuccessful.
5Subsequent to this CMC, Ms. Berry requested that her status be changed to that of a Party representing the registered not-for-profit Tenants Have No Rights Association (“THNRA”) and that she has been given the authority to speak on their behalf. Membership includes residents of the existing buildings on the Subject Property. Referencing a statement made at/during a separate Tribunal decision, she advised the Tribunal that it would be “‘overwhelmingly prejudicial not to grant party status to a corporation to represent the existing tenants who have a very direct interest and who seek to have their collective voices heard in this matter’”.
6The Tribunal agrees and pursuant to Rule 8.2 of the Ontario Land Tribunal Rules of Practice and Procedure (“Rules”). The Tribunal finds it is appropriate to add THNRA as a party to this matter.
7This being said, the Tribunal advises Ms. Berry, as representative of THNRA, being conferred Party status comes with responsibilities, which are illustrated in Rule 8.1 of the Rules. First and foremost, THNRA must provide their Issues to the Procedural Orders (“PO”) Issues List in a timely fashion so that they may be incorporated into the Directions Report to be presented to City Council in early 2023.
8The Tribunal directs the THNRA to provide their issues to all Parties and the Tribunal no later than 4:30 p.m. December 2, 2022.
9The Tribunal grants Mr. Debergh Participant status to these proceedings with consent of all the Parties.
10Mr. Hoffman provided background information with respect to the application for the benefit of the Tribunal, Parties and Participants present. The Applicant is seeking a ZBA to construct a 12-storey residential building consisting of 414 units on the east side of Kingston Road. He noted that the requested ZBA represents a modest increase in building height and FSI.
11There are three low-rise rental apartment buildings existing on the subject property, consisting of 68 rental units. The Applicant proposes to demolish the existing structures and replace the existing rental units. The replacement units will be of a similar size and rental price. The Applicant is in the process of working with the City with respect to these details as a precondition of the rental housing demolition agreement. This will include consultation with existing tenants. Mr. Hoffman stated that the Applicant takes the existing residents’ concerns seriously and that he is committed to work with the tenants.
12Mr. Hoffman noted that the City and his client have had considerable discussion with respect to a Draft PO and Issues List. The Draft PO was submitted to the Tribunal prior to the CMC. The Tribunal has reviewed the Draft PO and finds it satisfactory subject to further review, with refinement as a result of any changes that may result from the addition issues from the THNRA or from a Directions Report to be presented to City Council in early 2023.
13Mr. Davidson, Counsel for the City, confirmed that the Draft PO is sufficiently detailed to present to City Council at the first available meeting of the new Council, and is content with the Issues List as presented.
14Mr. Hoffman committed to submit a final Draft PO to the Tribunal for its review and approval once the City Council has given instructions. This should be done as soon as is practical. At that time, the Tribunal will review and approve administratively a Final PO that will come into full force and effect at that time.
15The Tribunal directs that if the Final Draft PO is not submitted to the Tribunal prior to February 28, 2023, Mr. Hoffman will notify the Tribunal Case Coordinator in writing with respect of the reasons the PO is not in a final form and provide advice to the Tribunal on a go-forward strategy.
16The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion this may be a possible path for this matter and understand they may request this mediation at their convenience.
17Given the mature status of the Draft PO, the Tribunal is comfortable in scheduling a Merit Hearing for eight (8) days commencing on Monday, July 17, 2023 at 10 a.m. to Wednesday, July 26, 2023.
MERIT HEARING TECHNICAL DETAILS
18An eight-day (8-day) Merit Hearing will convene on Monday, July 17, 2023 to Wednesday, July 26, 2023 by video at 10 a.m.
19Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
Parties 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 at: https://app.gotomeeting.com/home.html
20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889. The access code is: 344-779-885
21Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
22Accordingly, the Tribunal orders:
a. The Tribunal adds Tenants Have No Rights Association as a Party to these proceedings and directs that they provide their Issues to the Tribunal and all parties no later than 4:30 p.m. Friday, December 2, 2022;
b. The Tribunal grants Ryan Debergh Participant status to these proceedings;
c. an eight-day (8-day) Merit Hearing is to convene on Monday July 17, 2022.
23No further notice will be given.
24The Member is not seized.
“Bryan Tuckey”
BRYAN W. TUCKEY
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.