Bahardoust v. Toronto (City), 2022 CanLII 121059

ISSUE DATE:

November 30, 2022

CASE NO.:

OLT-22-002465

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant(s):

Multiple Appellants (see Attachment 1)

Subject:

By-law No. 569-2013

Municipality:

City of Toronto

OLT Case No.:

OLT-22-002465

Legacy Case No.:

PL130592

OLT Lead Case No.:

OLT-22-002465

Legacy Lead Case No.:

PL130592

OLT Case Name:

Bahardoust v. Toronto (City)

D.S. COLBORNE & G. BURTON

Wednesday, the 30^th^

VICE CHAIR

day of November, 2022

THIS MATTER having come before the Tribunal for a hearing commencing March 5, 2021, and having reviewed the affidavit evidence and submissions of the Parties;

THE TRIBUNAL ORDERS that the Regulations of City of Toronto By-law 569-2013 set out in Attachment 2 to this Order are approved and are in full force and effect as of the date of this Order.

THE TRIBUNAL ORDERS that the coming into effect of the portions of By-law 569-2013 set out in Attachment 2 to this Order:

(a) shall be without prejudice to the rights of any party for their proposed exceptions or modifications to By-law 569-2013 in an issue-specific or site-specific appeal. For greater certainty and without limiting the foregoing, this Order shall not have any effect on the Tribunal's authority to grant issue-specific, category-specific, organizational or site-specific exceptions or modifications to By-law 569-2013, as amended, regardless of whether the proposed exceptions or modifications deviate from, or result in the repeal or replacement of, portions of By-law 569-2013 that the Tribunal has already approved;

(b) shall not have the effect of limiting existing or future resolutions of any appellant's appeal;

(c) shall not limit any party's right to seek to amend portions of By-law 569-2013 does not limit the jurisdiction of the Tribunal to consider and approve amendments to the By-law including the addition of permitted uses and building types, and site specific exceptions or modifications to By-law 569-2013 that may deviate from portions of the By-law that the Tribunal has already approved; and

(d) shall not apply to any portion of By-law 569-2013 that remains in issue in the appeals;

AND THE TRIBUNAL ORDERS that it may be spoken to in the event some matter should arise in connection with the implementation of this Order.

“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.

ATTACHMENT 1

Remaining Appeals to Zoning By-law 569-2013:

Updated between February 2019 and September 2022

APPELLANT

COUNSEL/AGENT

APPEAL TYPE

Status

Morguard Corporation

Mary Flynn-Guglietti

Site Specific

Active

~~Robert McAlpine Limited~~

~~Sidonia J. Loiacono~~

~~Site Specific~~

Settled on consent (February 2, 2016). Withdrawn.

~~Lafarge Canada~~

~~W. Brent Clarkson~~

~~Site Specific~~

Withdrawn

Robert B. Statton

Topic Specific

Area Specific

Active

Metropolitan United Church

Neil M. Smiley

Site Specific

Active

Toronto District School Board

Barnet Kussner

Topic Specific

Active

Curlew Developments Inc.

Marc Kemerer

Site Specific

Active

Ontario Power Generation

Andrew Jeanrie

(formerly Mary Flynn-Guglietti)

Site Specific

Active.