Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 27, 2022
CASE NO(S).:
OLT-21-001332
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Birchcliff Developments Inc.
Subject:
Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation:
Mixed Use and Neighbourhoods
Proposed Designation:
Site and Area-Specific Policy
Purpose:
To permit a nine-storey, 279 unit mixed use development
Property Address/Description:
1615-1641 Kingston Road and 50-52 Birchcliff Avenue
Municipality:
Toronto
Approval Authority File No.:
20 203471 ESC 20 OZ
OLT Case No.:
OLT-21-001332
OLT File No.:
OLT-21-001332
OLT Case Name:
Birchcliff Developments Inc. v. Toronto (City.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Birchcliff Developments Inc.
Subject:
Application to amend Scarborough Birchcliff Community Bylaw No. 8786 – Neglect or Refusal of application by City of Toronto
Existing Zoning:
Commercial Residential and Single Family Residential
Proposed Zoning:
Site Specific
Purpose:
To permit a nine-storey, 279 unit mixed use development
Property Address/Description:
1615-1641 Kingston Road and 50-52 Birchcliff Avenue
Municipality:
Toronto
Municipal File No.:
20 203471 ESC 20 OZ
OLT Case No.:
OLT-21-001332
OLT File No.:
OLT-21-001333
Heard:
January 24, 2022 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Birchcliff Developments Inc.
J. Hoffman
(“Applicant”)
City of Toronto (“City”)
K. Czajkowski
Birch Cliff Village Community
I. Flett
Residents Association (“BCVRA”)
Toronto Lands Corporation (“TLC”)
J. Lesage
John Hartley
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JANUARY 24, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to a development proposal concerning the lands known municipally as 1615-1641 Kingston Road and 50-52 Birch Cliff Avenue (“Subject Lands”).
2At the CMC, the Tribunal dealt with requests for party status, requests for participant status, heard a status update from the parties, gave direction with regard to the consideration of two requests for party status by written submissions, and set a date for a further CMC, all for the reasons set out below.
DECISION
3In the lead up to the CMC, the Tribunal had received 5 requests for party status, and 89 requests for participant status. The Tribunal’s Case Coordinator had prepared a summary list of all the party and participant requests and had forwarded that list to the statutory parties and those seeking party status (Exhibit 2).
4With regard to the requests for party status, on consent the Tribunal granted party status to BCVRA, the Toronto Lands Corporation as agent for the Toronto District School Board, and John Hartley in his personal capacity.
5The Tribunal reserved its decision on the requests for party status for two newly formed federal corporations advanced by John Hartley.
6With regard to participant status, with the consent of all the parties, all the participants depicted on Exhibit 2 were granted participant status in their respective personal capacities. The Tribunal advised that if someone had made a participant status request that did not appear on Exhibit 2 (which is appended hereto as Attachment 1), they should be in contact with the Tribunal’s Case Coordinator having carriage of this case.
7The Tribunal was advised that a draft Procedural Order had been prepared and circulated by counsel for the Applicant late on the Friday, prior to the CMC on Monday, January 24, 2022. Some counsel had not received it or had not reviewed it and hence, had no instructions. And it was not available to this Member.
8For the City to be able to finalize its issues and receive instructions, that would not likely occur until at least mid-May, as that was the next agenda opportunity for City staff.
9All of the parties responded favourably to the Tribunal’s questioning with regard to the possibility of alternative dispute resolution. Whether that might be through private or Tribunal-led mediation, had not been finalized, and was left with the parties for their further consideration.
10Counsel for the Applicant sought a hearing date. The Tribunal considers its hearing schedule to be a scarce public resource. In light of the fact that some of the parties (and the Tribunal) had not seen the draft Procedural Order or received instructions on it, and that there appeared to be a general consensus among the parties that some form of alternative dispute resolution that might be helpful to resolve this matter or at least resolve some of the outstanding issues and thereby reduce the number of hearing days, the Tribunal would not set a hearing date.
11The Tribunal did however set a date for a second CMC for one day for Wednesday, May 18, 2022, commencing at 10 a.m. by VH.
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/765631861
Access code: 765-631-861
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(888) 455-1389 or +1(647) 497-9391. The access code is 765-631-861.
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.
16With regard to the party status requests for the two newly formed federal corporations, the Tribunal gave the following directions for written submissions:
a. On or before Monday, January 31, 2022, Mr. Hartley is to provide the incorporation documentation for both companies (Letters Patent or Articles of Incorporation), and the first officers and directors of the two companies to the Case Coordinator, along with his written submissions in support of having the Tribunal award party status, and copy all of the other parties;
b. The other parties will have the opportunity to make written submissions with regard to the requested party status on or before Friday, February 11, 2022, to the Case Coordinator, with copies to Mr. Hartley;
c. Mr. Hartley will have the opportunity to make reply submissions on or before Thursday, February 17, 2022, to the Case Coordinator with copies to all the other parties.
17With regard to the outstanding matter of the two party requests, I remain seized of that matter.
18With regard to the second CMC, there will be no further notice.
19I am not seized with regard to the second CMC.
20Attachment 1 (being Exhibit 2 from the CMC) is appended to and forms part of this Decision.
21Scheduling permitting, I may be available for case management purposes.
22This is the Order of the Tribunal.
“Blair S. Taylor”
bLAIR S. TAYLOR
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.
ATTACHMENT 1
Parties
Name
People Type
Representative
Birchcliff Developments Inc.
Applicant/Appellant
Joe Hoffman
City of Toronto
Municipality
Kasia Czajkowski
Birch Cliff Village Community Residents Association
request party status
Ian Flett
Toronto District School Board
Request party status
Julie Lesage
John Hartley
request party status
Tenants Have No Rights Association
request party status
John Hartley
SOS Save Our City Association
request party status
John Hartley
Participants
Name
People Type
Michael Marmoreo
Participant
Wendy Horst
Participant
Clara Henriques
Participant
Brian Stephenson
Participant
Ann Dunn
Participant
Paul Parise
Participant
Lisa McGran
Participant
Lisa Giuliani
Participant
Elaine & Stew MacSween
Participant
Dan Simpson
Participant
Beth Moore
Participant
Brian McConnell
Participant
Bronwen Scott
Participant
Frank Best
Participant
Linda McKay
Participant
Judy Lam
Participant
Kim O'Reilly
Participant
Linda McKay
Participant
Patrice Carmichael
Participant
Travis Kelly
Participant
Stephen Dow
Participant
Richard Godin
Participant
Craig Robertson
Participant
Barry Moore
Participant
Theresa Traynor
Participant
Louise Hartley
Participant
Laura Cook
Participant
Gwen McIntosh
Participant
Deneen Robertson
Participant
Steve Uzielli
Participant
Peter Moore
Participant
Linda Fice
Participant
Gerry Allen
Participant
Steve Uzielli
Participant
Peter Moore
Participant
Maureen Williamson
Participant
Linda Fice
Participant
Gerry Allen
Participant
Gerald Arbour
Participant
Kelly McCain
Participant
Linda Mossip
Participant
Lisa Whetter
Participant
Sharon Swenson
Participant
Josi Sarne
Participant
Parthi Kandavel
Participant
Robin Siegerman
Participant
Patricia Garn-Moore
Participant
Cameron Gillmoure
Participant
William Embury
Participant
Neda Zezel
Participant
Jeffrey Kirchner
Participant
Devin Ramesra
Participant
Amanda Propp
Participant
Rod Partridge
Participant
Mark Vandenburg
Participant
Mimi Gregoire
Participant
John and Diane Moody
Participant
Caroline Puttock
Participant
Eleanor Hawkins
Participant
Alan Somerset
Participant
Anna Dewar Gully
Participant
Vicki Van Santen
Participant
Tamara Hermann
Participant
Lyndia Eberhardt-Butler
Participant
Lindsy Gregory
Participant
Margaret Farran
Participant
Melissa McKechnie
Participant
Ron Parkinson
Participant
Deborah Powell-Wells
Participant
Lilli Lo
Participant
Sylvie Charest
Participant
Dan Couvrette
Participant
Colin Bray
Participant
Avis Favaro
Participant
Jim McKenzie
Participant
Geraldine McGee
Participant
Eamonn McGee
Participant
Geoffrey Rowan
Participant
Sue Brophey
Participant
Barbara Gardner-Bray
Participant
Patricia Reid
Participant
Penny Harbin
Participant
Jeff Harbin
Participant
Patricia Buchanan
Participant
Barbara Patterson
Participant
Susan Goddard
participant
Janine O'Flanagan
participant
Kyle Raino
participant
Rob Carmichael
participant