Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2022
CASE NO(S).: OLT-21-001121
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Berncray Holdings Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Description: To permit three buildings of 9, 11 and 32-storeys consisting of 560 residential units and 1,422 sq.m. of commercial gross floor area
Property Address: 41-75 Four Winds Drive
Municipality: City of Toronto
OLT Case No.: OLT-21-001121
OLT Lead Case No.: OLT-21-001121
OLT Case Name: Berncray Holdings Inc. v. Toronto (City)
Heard: December 7, 2021 via Video Hearing
APPEARANCES:
Parties
Counsel
Berncray Holdings
Barry Horosko
City if Toronto
Gabe Szobel
MEMORANDUM OF DECISION DELIVERED BY CARMINE TUCCI ON DECEMBER 7, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal, was with respect to the appeals of the refusal of the City of Toronto to make a decision regarding an Application to amend Zoning By-law No. 7625.
2The Application is to permit three mixed-use buildings of 9, 11, and 32 storeys consisting of 560 residential dwelling and 1,422 square metres (“sq m”) of retail and 4 levels of underground parking. GFA of 43, 745 sq m and a FSI of 4.1.
3The site is located within the Keele Finch Secondary Plan area, SASP 585, and the Outer Surface area of the Downsview Airport runway. The Site is currently developed with a one-storey shopping centre and a one-storey office building currently used as a medical clinic and a surface parking lot, all of which is proposed to be demolished. Surrounding area consists of low-high rise buildings, the Finch Hydro Corridor and the Finch TTC subway station.
4The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
5The Tribunal had previously asked all parties to have an updated Draft Procedural Order submitted by Tuesday, January 31, 2022.
6Further, the Tribunal had granted Participant status to Janis Jaffe-White and York Condo Corp. #54, #112 and #128. Both the Appellant and the City had agreed on consent to the granting of Participant Status.
7The Tribunal was informed on April 1, 2022 that York Condo Corp #128 had withdrawn its request to be a Participant to this hearing.
8The Tribunal was informed that an updated PO was to be issued. The Tribunal was in receipt of the updated PO on May 25th, 2022 and herein attached as Schedule 1.
9The Tribunal informed the Parties that an OLT led mediation is available should they want to continue their efforts to reach a resolution on this matter. The Parties acknowledged that a potential mediation may be considered.
10The Parties have informed the Tribunal that they will require ten (10) days for a hearing of these appeals.
ORDER
11The Tribunal hereby schedules a Video Hearing of these appeals for Monday, September 26, 2022 through Friday, October 7, 2022 commencing at 10 a.m. Ten days have been set aside.
12Parties 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/719383509
Access code: 719-383-509
13Parties 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
14Persons 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. The access code is 719-383-509.
15Individuals 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.
16No further notice will be given.
17The Member is not seized.
18So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.