Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 02, 2022

CASE NO(S).: OLT-22-002465 (Formerly PL130592)

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

Appellant(s): Multiple Appellants

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)

Heard: May 9, 2022 by video hearing

APPEARANCES:

Parties	Counsel
City of Toronto	G. Szobel, C. Samuel and M. Hardiejowski
See Attachment 1	J. Alati
See Attachment 1	J. Atkinson
See Attachment 1	C. Tang
See Attachment 1	M. Flynn–Guglietti
See Attachment 1	J. Shapira
See Attachment 1	C. Lantz
See Attachment 1	D. Tang
See Attachment 1	S. D’Agostino
See Attachment 1	D. White
See Attachment 1	R. Kanter
See Attachment 1	C. Tzekas
See Attachment 1	M. Cara
See Attachment 1	M. Keating
See Attachment 1	W. Roberts
See Attachment 1	K. Vergis-Mayo
See Attachment 1	S. O’Melia
Advocacy Centre for Tenants Ontario	D. Kwan, C. Perez

MEMORANDUM OF ORAL DECISION DELIVERED BY D.S. COLBOURNE AND G. BURTON ON MAY 9, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1A Conference Management Conference (“CMC”) was conducted on May 9, 2022, following the agenda provided by the City.

2The following matters were addressed:

Phase 2

3Mr. Szobel provided an update on topic-specific or City-wide appeals. This deals with the residential zones. The Tribunal issued a decision in October 2021. The City has been in discussions with Mr. Kanter for Ontario Architects Association, and expects to provide a draft order soon. There may be a settlement with the Urban Design Group soon. Mr. Roberts for the Swansea Residents, with three matters under discussion, also expects a settlement soon.

Phases 3 and 4

4Mr. Szobel advises the City is in without-prejudice discussions with the Appellants. This deals with regulations for Town Houses. Mr. Alati advises he made an offer in 2020 and is awaiting the City’s response.

Topic-Specific Appeals

The following were dealt with:

Cemeteries

5There are three groups of Appellants here. Mr. Szobel commented that there are a number of issues in this area tied to parking regulations. These are impacted by the reduced standards in the new parking by-law enacted by the City. Appeals will be resolved because of this regime change. There have been no negotiations to date.

University of Toronto

6Extensive discussions have been held with Ms. Keating and matters are resolved in principle. The Parties have requested a one-day settlement hearing date, for which the Tribunal has scheduled Monday, June 6, 2022, with connection details below.

Propane Storage

7This involves appeals by clients of Ms. Flynn-Guglietti and Mr. Lantz. Conversations have been held and there will be further meetings. A further CMC would be useful.

Parking

8The City has enacted a new parking by-law (dealing mostly with standards for parking spaces and dimensions), and staff are awaiting review of the new by-law by the Parties. There is only one site-specific Appeal. It is expected that most of the issues will be resolved and the Appeals withdrawn. If not, the City will bring a Motion to dismiss them, as well as those concerns of Cemeteries noted above.

Multi –Tenant Housing

9Staff have reported and are awaiting the City’s decision on whether the regulations proposed will be City-wide. Council has deferred the decision for now. Mr. Kwan for Advocacy Centre for Tenants Ontario wished for further consultation.

Places of Worship

10Some issues will be resolved with the new parking by-law, and the balance will require further discussion and probably a hearing.

School Boards

11There have been extensive discussions, with another meeting tomorrow with both Boards. All are working towards resolution of some issues.

Site-Specific Appeals

12City staff are reviewing all outstanding appeals to determine how many remain. A number of properties have changed ownership, and/or appeals have been withdrawn and/or abandoned by virtue of building permits issued for development proposals.

13The Tribunal is attaching as Attachment 1 an updated List supplied by Mr. Szobel respecting the Appeals outstanding. The Tribunal urges the Parties to verify the information it contains, and contact the Tribunal with any changes needed.

Future Procedures

1. A one-day settlement hearing – University of Toronto - Monday, June 6, 2022 at 10 a.m.
2. A one day CMC has been scheduled for Tuesday, July 19, 2022 at 10 a.m. – to address the status of the draft By-law.

[14] The hearings are scheduled to proceed by video as follows: Monday, June 6, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 979-388-733

Tuesday, July 19, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509

15Parties 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.

16Parties 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

17Persons 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.

18Individuals 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.

19The Tribunal so Orders.

“D.S. Colbourne”

D.S. COLBOURNE MEMBER

“G. Burton”

G. BURTON 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.

No.	APPELLANT	COUNSEL/AGENT	APPEAL TYPE	Status
2	Morguard Corporation	Mary Flynn-Guglietti	Site Specific	Active
3	Robert McAlpine Limited	Sidonia J. Loiacono	Site Specific	Settled on consent (February 2, 2016). Withdrawn.
4	Lafarge Canada	W. Brent Clarkson	Site Specific	Withdrawn
5	Robert B. Statton	Robert B. Statton	Topic Specific Area Specific	Active
6	Metropolitan United Church	Neil M. Smiley	Site Specific	Active
13	Toronto District School Board	Barnet Kussner	Topic Specific	Active
14	Curlew Developments Inc.	Mark Kemerer	Site Specific	Active
15	Ontario Power Generation	Andrew Jeanrie (formerly Mary Flynn-Guglietti)	Site Specific	Active.
17	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
18	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
19	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
20	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
21	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
22	Atlantic Packaging Products Ltd.	Calvin Lantz	Site Specific	Active
23	Renate Pammer	Calvin Lantz	Site Specific	Active
24	The International Group, Inc.	Calvin Lantz	Site Specific	Active
25	The International Group, Inc.	Calvin Lantz	Site Specific	Active
26	The International Group, Inc.	Calvin Lantz	Site Specific	Active
27	Prince Spa and Resort Operations Toronto Ltd.	Calvin Lantz	Site Specific	Active
28	Greey Realty Holdings Limited	Richard R. Minster (was Calvin Lantz)	Site Specific	Active
29	Greey Realty Holdings Limited	Richard R. Minster (was Calvin Lantz)	Site Specific	Active
30	Campbell Company of Canada	Calvin Lantz	Site Specific	Active
32	Irving Tissue Corporation	Calvin Lantz	Site Specific	Active
33	Irving Tissue Corporation	Calvin Lantz	Site Specific	Active
35	Advocacy Centre for Tenants Ontario	Douglas Kwan	Topic Specific	Active
37	Silvercore Properties Inc.	John A. R. Dawson	Topic Specific	Active for visitor parking provisions. Withdrawn for 5799-5915 Yonge Street, 46 and 47 Averill Crescent: letter dated November 22, 2017
38	Silvercore Properties Inc.	John A. R. Dawson	Site Specific	Active
50	Roman Catholic Episcopal Corporation	Steven J. O'Melia	Site Specific Topic Specific?	Active
53	Service Corporation International (Canada) ULC	Pitman Patterson	Site Specific Topic Specific	Withdrawn, letter of Jan. 6/16
55	Rupert Community Residential Services of Toronto Inc.	Robert Keel	Topic Specific	Active
56	Cowie Brothers Leaseholds	Joel D. Farber	Site Specific	Active
57	Samper Developments Ltd.	John A. R. Dawson	Topic Specific	Active for visitor parking provisions. Withdrawn for 25, 35, 41 and 53 Warrender Avenue: letter dated November 22, 2017
61	Deltera Inc.	John A. R. Dawson	Topic Specific	Active
62	Concert Real Estate Corporation	John A. R. Dawson	Site Specific Topic Specific	Active
63	Maple Leaf Sports & Entertainment	John A. R. Dawson	Site Specific	Withdrawn: letter dated March 8, 2018
67	1098748 Ontario Limited	Jim Harbell & Maggie Bassani	Site Specific	Withdrawn, letter dated July 4, 2016
73	St. Leonard's Society of Toronto	N. Jane Pepino	Site Specific	Active
76	Mount Pleasant Group of Cemeteries	Stephen D'Agostino	Site Specific Topic Specific	Active
77	Suncor Energy Products	Mary Flynn-Guglietti	Site Specific Topic Specific	Active
82	844940 Ontario Inc.	Signe Leisk	Site Specific	Active
83	Habitat for Humanity	Geoffrey McGrath & David Bronskill	Site Specific	Resolved by settlement. See consent order of Feb. 3/16
84	Greenhill Community Association	Larry Colle	Area Specific	Active
85	60 Bloor Equities Inc.	Dennis Wood	Site Specific	Active
86	Revenue Properties Company Limited	Dennis Wood	Site Specific	Active
88	Park Smart Inc Epic Parking Control Services Inc	Konstantine Stavrakos (was H. Watson)	Topic Specific	Active
91	Coco Paving Inc.	Adam Brown	Site Specific	Active
92	Deltera Inc.	Calvin Lantz	Site Specific	Active
93	Canadian Apartment Properties Real Estate Investment Trust	Calvin Lantz	Topic Specific	Active
95	Pyxis Real Estate Equities Inc.	Calvin Lantz	Site Specific	Withdrawn: letter of Oct. 13/16
96	Pyxis Real Estate Equities Inc.	Calvin Lantz	Site Specific	Withdrawn: letter of Oct. 13/16
97	Pyxis Real Estate Equities Inc.	Calvin Lantz	Site Specific	Withdrawn: letter of Oct. 13/16
98	Reimer World Properties Corp	Sidonia J. Loiacono	Site Specific	Settled on consent (February 2, 2016). Withdrawn.
99	Torgan Management Inc.	Mary Flynn-Guglietti	Site Specific	Active
100	Crown Realty II Limited Partnership	Mary Flynn-Guglietti	Site Specific	Active
103	Symesbridge Inc.	Catherine Lyons		Withdrawn: letter of Mar. 11/15
107	1217861 Ontario Limited	(Michael Stewart) David White	Site Specific	Active
108	258 Attwell Drive Limited	David White	Site Specific	Active
109	1585168 Ontario Inc.	David White	Site Specific	Active
110	Red Banner Developments Limited	David White	Site Specific	Active
111	1182929 Ontario Inc.	David White	Site Specific	Active
113	Dundas Real Estate Investments	Marc Kemerer	Site Specific	Active
114	Nashdene Court Ltd.	Marc Kemerer	Site Specific	Active
115	Zane Properties & 1226567 Ontario Inc.	Marc Kemerer	Site Specific	Active
123	A&W Food Services of Canada Inc.	David Bronskill	Topic Specific	Withdrawn: letter dated January 29, 2020
124	Ontario Restaurant Hotel & Motel Association (ORHMA)	David Bronskill	Topic Specific	Withdrawn: letter dated January 29, 2020
125	Wendy's Restaurants of Canada	David Bronskill	Topic Specific	Withdrawn: letter dated January 29, 2020
126	McDonald's Restaurants of Canada	David Bronskill	Topic Specific	Withdrawn: letter dated January 29, 20
127	TDL Group Corp.	David Bronskill	Topic Specific	Withdrawn: letter dated January 29, 20
128	Triumphant Church of God in Canada	David Tang	Site Specific	Active
129	Toronto Faith Coalition, Inc.	David Tang	Topic Specific Site Specific	Active
130	3636 Bathurst Street Limited	David Tang	Topic Specific	Active
131	Ontario Association of Architects	Ronald Kanter	Topic Specific	Active
132	Colville Developments Ltd. and North Park Shopping Centres Ltd	(Michael Stewart)	Site Specific	Active
133	Robert Fish	(Michael Stewart)	Site Specific	Active
143	Allied Properties REIT (555 Richmond Street West Holdings Inc. Only)	Kim Kovar	Site Specific	555 Richmond Street West withdrawn: letter dated April 28, 2016 Active for: 543 Richmond Street West
150	Midland Corporate Center Ltd.	Mark Piel	Site Specific	Active
158	Arsandco Investments Limited	Patrick J. Devine	Site Specific	Active
161	The Goldman Group	Jason Park	Site Specific	Active
165	The Governing Council of the Salvation Army	Joseph Debono (was Mark Piel)	Site Specific Topic Specific?	Active
166	The Governing Council of the Salvation Army	Joseph Debono (was Mark Piel)	Site Specific Topic Specific?	Active
167	Christian Horizons	Mark Piel	Site Specific Topic Specific?	Active
170	Burnac Holdings Limited	Jason Park		Active
181	Baby Point Heritage Foundation	David Bronskill	Area Specific	Active
184	Sun Life Assurance Company	Patrick J. Devine	Site Specific	Active
185	Samuel Sarick Limited	(new counsel)	Site Specific	Active
196	Ed Mirvish Enterprises Limited	Cynthia MacDougal (formerly Patrick Devine)	Site Specific	Active
203	Rockport Holding Limited	David Bronskill	Site Specific	Active
204	Bathurst and Glencairn Square Limited	David Bronskill	Site Specific	Active
205	2094528 Ontario Limited and HGT Holdings Limited	David Bronskill	Site Specific	Active.
206	Rosedale Equites Limited	David Bronskill	Site Specific	Active
207	2301885 Ontario Limited	David Bronskill	Site Specific	Active
208	Sandra Melville	Sandra Melville	Area Specific	Active
209	Minto Properties Inc.	Cynthia A. MacDougall	Topic Specific Site Specific	Active
210	Harry Klaczkowski	Cynthia A. MacDougall	Topic Specific Site Specific	Active
211	St. Michael's Hospital	Cynthia A. MacDougall	Site Specific	Active
212	Shoreline Towers Inc.	Steven Waque	Site Specific	Withdrawn: letter dated May 5, 2022
213	Krugarand Corporation	Calvin Lantz (formerly Sean Gosnell)	Site Specific	Active
216	H&R Reit	Patrick Devine (formerly Robert Truman)	Site Specific	Active
218	University of Toronto	Signe Leisk	Topic Specific Site Specific	Active
219	1428272 Ontario Limited	Angelo Delfino	Site Specific	Active
220	Down 2 Earth	Mary Flynn-Guglietti	Site Specific	Settled. OLT Order issued January 20, 2022
221	Congregation Kahal Avreichmin	Bernard Feintuch	Site Specific	Active
222	Primaris Retail REIT	Tara Piurko	Site Specific	Active
223	Queen Spadina Residents Corporation.	David Bronskill	Site specific	Active
226	Pier 27 Toronto Inc.	Cynthia A. MacDougall	Site Specific	Withdrawn: letter dated March 8, 2018
227	Plazacorp Investments Limited	Cynthia A. MacDougall	Site Specific	Active
230	GWL Realty Advisors Inc.	Jason Park	Topic Specific	Active
231	Greenwood College School	Cynthia A. MacDougall	Site Specific	Withdrawn: letter dated March 8, 2018
232	Arrowdale Development Ltd., Arrowdale In Trust and Loring Development Ltd.	Steven A Zakem Sidonia J. Tomasella	Site Specific	Active
233	Talon International Development Inc.	John A. R. Dawson	Topic Specific Site Specific	Active
234	Monarch Corporation	John A. R. Dawson	Topic Specific Site Specific	Letter dated November 22, 2017 indicates this will be withdrawn once OLT issues further amendments as a result of the May 16, 2017 order regarding 3640 St. Clair Avenue East. The amendment to remove 65 Comstock was issued on January 18, 2018. No record of formal withdraw letter.
236	Centre for Addiction and Mental Health	Cynthia A. MacDougall	Site Specific	Withdrawn: letter dated March 8, 2018
237	2292446 Ontario Limited	Cynthia A. MacDougall	Site Specific	Withdrawn: letter dated March 8, 2018
238	Mohican Holdings Limited	Cynthia A. MacDougall	Site Specific	Withdrawn: letter dated March 8, 2018
242	Catholic Cemeteries – Archdiocese of Toronto	Steven J. O'Melia	Topic Specific Site Specific	Active
244	117676 Ontario Limited	Jason Cherniak	Site Specific	Active
245	Loblaws Properties Limited	Eileen Costello	Topic Specific Site Specific	Settled per OLT Decision of November 21, 2018
247	Brovi Investments Limited	Patrick Harrington	Site Specific	Active
248	Greater Toronto Apartment Association	Tom Halinski	Topic Specific	Active
253	RG Dibble Company Limited	Barnet Kussner	Site Specific	Active
254	The Brothers of the Christian Schools of Ontario	Michael J McQuaid	Site Specific	Active
255	1030552 Ontario Limited	Barnet Kussner	Site Specific	Active
256	Providence Healthcare	Barnet Kussner	Site Specific	Active
257	Target Park Inc.	Ian Flett (formerly C. J. Tzekas)	Topic Specific	Active
258	2006199 Ontario Limited	C.J. Tzekas	Site Specific	Withdrawn for one site (30 Booth): letter dated October 3, 2017. Active for Eastern and Kipling sites.
260	Premium Properties Limited	Bruce Engell	Site Specific	Active
261	Richwood Developments Limited	Bruce Engell	Site Specific	Active
262	Premium Properties Limited	Bruce Engell	Site Specific	Active
263	Premium Properties Limited	Bruce Engell	Site Specific	Active
264	Premium Properties Limited	Bruce Engell	Site Specific	Active
265	Toronto Catholic District School Board	Steven J. O'Melia	Topic Specific Site Specific	Active See also Appeal 13.
266	Frank Bosso	Frank Bosso	Site Specific	Withdrawn: e-mail dated April 2, 2018
271	1362882 Ontario Ltd.	Barry Horosko	Site Specific	Active
272	Mondelez Canada Inc.	Mary Bull	Topic Specific Site Specific	Active
273	Rogers Communication	John A. R. Dawson	Topic Specific Site Specific	Letter dated November 22, 2017 indicates this will be withdrawn once OLT issues further amendments as a result of the May 16, 2017 order regarding 65 Comstock Road. The amendment to remove 65 Comstock was issued on January 18, 2018. No record of formal withdraw letter.
275	York University	Cynthia A. MacDougall	Site Specific	Active
276	York University	Cynthia A. MacDougall	Site Specific	Active
278	Diamond Corp	Cynthia A. MacDougall	Site Specific	Partial withdrawal of 592 Sherbourne street west and 15 Selby Street: letter dated March 11, 2016
281	115 Dupont Holding Limited	Ken Zuckerman	Site Specific	Email dated December 6, 2013 indicates they will withdraw once site specific development approvals are obtained.
287	Stan Makow	Stan Makow	Topic Specific	Active
290	180 University Holding Inc.	John Dawson	Site Specific	Active
291	Memorial Gardens Canada Limited (only re: 33 Memory Gardens for now)	Tom Barlow	Topic Specific Site Specific	Active
293	Villa Charities and Italian Canadian Benevolent Seniors Apartment Corporation	Quinto Annibale	Site Specific	Active
295	Chabad on the Avenue	Neil M. Smiley	Site Specific	Withdrawn: letter dated March 12, 2019
296	Park Lawn Corporation	Bruce Ketcheson	Topic Specific Site Specific	Active
297	Perry and Deloris Avdoulos	Perry and Deloris Avdoulos	Site Specific	Active
298	Catherine Morrison	Barry Morrison	Site Specific	Active
299	Eileen and Michael Denny	Eileen Denny	Site Specific	Active/Dormant
300	Confederation of Resident and Ratepayer Associations in Toronto	Eileen Denny (William Roberts)	Topic Specific	Active
301	Teddington Park Residents Association	Eileen Denny	Topic Specific Area Specific	Active/Dormant
303	217 Adelaide Holding Limited	Calvin Lantz (Kim Kovar)	Site Specific	Active
305	Preston Group	Isaiah Banach	Site Specific	Active
306	214 King Holding Limited	Kim Kovar		Active
307	Conservatory Group	John Alati	Topic Specific Site Specific	Active
316	Eddystone Meat Products	Adam Brown	Site Specific	Active
319	14 15, 20 Carluke Crescent Limited	David Tang	Topic Specific	Active
320	3000 Dufferin Street Limited	David Tang	Topic Specific	Active
321	Rexlington Heights Limited	David Tang	Topic Specific	Active
322	1855 Jane Street Limited	David Tang	Topic Specific	Active
323	7-9-11 Crescent Place Limited	David Tang	Topic Specific	Active
324	Fisherville & Bathurst Limited	David Tang	Topic Specific	Active

PARTY STATUS REQUEST MADE TO THE APPEALS OF THE CITY OF TORONTO NEW COMPREHENSIVE ZONING BY-LAW NO. 569-2013

PARTY STATUS REQUEST	COUNSEL/AGENT
Canadian Propane Association	Patrick Duffy and Calvin Lantz
David Fleming on behalf of the Swansea Area Ratepayer's Association (SARA)	David Fleming
George Labrakos	George Labrakos
Dr. Sean Makhduni	Dr. Sean Makhduni