Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 22, 2022
CASE NO(S).: OLT-22-002418
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Streamliner Properties
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: Redevelopment of portions of the subject site to contain new and existing residential units.
Reference Number: 21 180732 NNY 08 OZ
Property Address: 500 Duplex Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002418
OLT Lead Case No: OLT-22-002418
OLT Case Name: Streamliner Properties v. Toronto (City)
Heard: July 12, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Streamliner Properties
David Bronskill*
City of Toronto
Jason Davidson*
Eglinton Park Residents' Association
Thomas Cohen
MEMORANDUM OF ORAL DECISION DELIVERED BY M. ARPINO ON JULY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1These directions flow from the first Case Management Conference (“CMC”) in this matter.
2The Affidavit of Service of Mina Siskopoulos was entered as Exhibit 1.
3The Draft Procedural Order submitted by Mr. Bronskill on July 11, 2022, was entered as Exhibit 2.
4QRES VI Duplex LP (“Owner”) seeks to amend the zoning of property known municipally as 500 Duplex Avenue, in order to permit the erection of 2 residential buildings of 11 and 15 storeys in height.
5Streamliner Properties (“Applicant”) submitted a rezoning application on behalf of the Owner.
6The Applicant submitted an appeal to the Tribunal due to the failure of the City of Toronto (“City”) to make a decision within the prescribed statutory timeframe (“Appeal”).
7The Tribunal received a request for Party status from the 500 Duplex Coalition (“Coalition”).
8Thomas Cohen attended the CMC as the spokesperson for the Coalition, he informed the Tribunal that the Coalition recently applied for incorporation.
9The Coalition is comprised of
a. the Eglinton Park Residents' Association (“EPRA”)
b. the Lytton Park Residents' Organization
c. a Housing Co-op, and
d. the 500 Duplex Tenants' Association.
10Mr. Cohen was aware that the Tribunal would not grant Party Status to the Coalition due to its unincorporated status. He informed the Tribunal that he is the Chairperson the EPRA, which is incorporated. He stated that he has authority to request that the EPRA be granted Party Status with the option to assign the status to the Coalition once it is incorporated.
11The City and the Applicant consented to the request for Party Status by the EPRA.
12The Tribunal reviewed the responsibilities of a Party, Mr. Cohen informed the Tribunal that EPRA has been involved in proceedings before Ontario Land Tribunal and its predecessors. He stated that the Coalition or the EPRA would retain expert witnesses and legal counsel to assist it to fulfill its responsibilities as a Party to the proceedings.
13The Tribunal granted Party Status to the EPRA with the provision that the EPRA could assign the status to the Coalition if the Coalition is incorporated.
14The Parties were eager to engage in mediation as a means to resolve the Appeal. Mr. Bronskill undertook to contact the Tribunal to facilitate Tribunal-led mediation.
15The Tribunal reviewed the draft Procedural Order and Issues List. The Parties indicated that the draft Issues List encompassed the issues each of them had identified.
16The Tribunal granted Party Status to the EPRA.
17Mark Winfield sought and was conferred Participant Status.
18The Parties submitted that a contested hearing of ten (10) days duration would be required to accommodate the spectrum of issues and associated witnesses expected.
19A ten (10)-day hearing of the merits of the Appeal is scheduled commencing Monday, June 19, 2023.
20Mr. Cohen undertook to update the Tribunal regarding the progress of the incorporation of the Coalition. The Tribunal directs Mr. Cohen to provide a status update by Thursday, August 25, 2022.
21Mr. Bronskill undertook to revise the draft Procedural Order and submit it to the Parties for review and to the Tribunal before Tuesday, August 30, 2022.
ORDER
22The Tribunal Orders the rulings and directions as contained in this Decision.
23The Member is not seized other than to assist in matters arising from this Order.
24No further notice is required.
“M. Arpino”
M. ARPINO
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.