Lamb Sterling Corp v. Toronto (City.), 2022 CanLII 3287

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 20, 2022

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.)

Heard: December 3, 2021 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

221 Sterling Road Holdings Inc. Lamb Sterling Corp South Junction Triangle Grows Neighbourhood Association City of Toronto

Natalie Ast

Eileen Costello

Cara Sweeny*

Derin Abimbola & Laura Bisset

DECISION DELIVERED BY N.P. ROBINSON AND ORDER OF THE TRIBUNAL

OVERVIEW

1The within matter involves an application for a zoning by-law amendment and request to amend official plan by Lamb Sterling Corp. (“Applicant”) to construct an 18-storey mixed use building.

2The matter was subject to prior case management which resulted in it being adjourned to provide time for those involved, including numerous prospective parties and participants, to clarify several issues before the Tribunal.

3The status of several individuals who had made party and participant status requests, the legal status of a grouping of interested persons and the precise issues to be included the Procedural Order were all lingering at the closure of the previous case management conference.

ISSUES & ANALYSIS

4The Tribunal was tasked with adjudicating several requests for party status including those filed by:

1. Brett Rycombel;

2. Cara Sweeny;

3. Cristina Costa;

4. Philip Share;

5. South Junction Triangle Grows Inc.

5TSCC #2174 sought and received participant status with the consent of the extant parties.

6The Tribunal was informed that a grouping of several individuals, including two individuals who had filed party status requests (namely Cara Sweeny and Cristina Costa), formally incorporated a not-for-profit corporation under the registered name South Junction Triangle Grows Inc. (“SJTGI”). Both Ms. Costa and Ms. Sweeny are listed as directors of SJTGI and SJTGI was granted party status with the consent of the other parties.

7Ms. Costa and Ms. Sweeny subsequently withdrew their requests for party status given their positions as directors of SJTGI which will represent their interests and the interests of other similarly situated community members.

8The Tribunal was unable to proceed with the request for party status made by Philip Share given his absence at the hearing and, in the result, denies that request.

9In an effort to (i) ensure a robust evidentiary record, (ii) enable community representation and (iii) streamline a hearing that would have involved several additional parties, the Tribunal exercised its authority under Rule 1.6 to permit Brett Rycombel and TSCC #2174 to provide oral statements at the hearing contrary to Rule 7.7. The Tribunal finds this approach to be fair and expeditious and this resolution had the support of all extant parties.

10Brett Rycombel, who had originally sought party status, revised his request and sought participant status after the Tribunal, with the consent of the other parties, agreed to allow Mr. Rycombel to both file a written participant statement and granted the indulgence of making an oral participant statement before the Tribunal of not more than one hour or, in the alternative, to be called as a witness.

11Mr. Rycombel is a local resident who shares concerns that are similar but somewhat distinguishable from those of South Junction Triangle Grows Inc.

12Similarly, the Tribunal agreed to allow TSCC #2174 to both file a written participant statement and be granted the indulgence of making an oral participant statement before the Tribunal of not more than one hour or, in the alternative, to be called as a witness.

13The Tribunal directs that South Junction Triangle Grows Inc. be granted party status.

14The Tribunal directs that TSCC #2174 be granted participant status and shall be permitted to make an oral statement of not more than one (1) hour before the Tribunal or be called as a witness to testify before the Tribunal at the hearing.

15The Tribunal directs that Brett Rycombel be granted participant status and shall be permitted to make an oral statement of not more than one (1) hour before the Tribunal or be called as a witness to testify before the Tribunal at the hearing.

ORDER

16THE TRIBUNAL ORDERS that the within matter be set for hearing on Tuesday, October 18, 2022 to November 4, 2022 for 13 days.

17Parties 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/296327581

Access code: 296-327-581

18Parties 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

19Persons 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) 497-9391. The access code is 296-327-581.

20Individuals 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.

21THE TRIBUNAL ORDERS that the procedural order attached as Schedule “A” of the within decision issue.

22The Member is not seized for the purpose of the hearing.

“N.P. Robinson”

N.P. ROBINSON

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.