Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 25, 2022

CASE NO(S).: OLT-22-002710

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Markee Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 15 residential and mixed-use buildings
Reference Number: 21 169802 NNY 17 OZ
Property Address: 3377 Bayview Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002710
OLT Lead Case No: OLT-22-002710
OLT Case Name: Markee Developments v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Markee Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 15 residential and mixed-use buildings
Reference Number: 21 169802 NNY 17 OZ
Property Address: 3377 Bayview Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002713
OLT Lead Case No: OLT-22-002710

Heard: July 20, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
City of Toronto	J. Braun
Markee Developments Inc.	D. Bronskill
Bayview Woods Neighbourhood Association	A. Heisey
Toronto Region Conservation Authority	S. Heuchert*

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JULY 20, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal was a Case Management Conference (the “CMC”) for the appeals by Markee Developments Inc. (the “Applicant”) for the failure of the City of Toronto (the “City”) to make a decision within the statutory timeframe for the applications to amend the Official Plan and Zoning By-law under s. 34 (11) and 22 (7) of the Planning Act for the property municipally known as 3377 Bayview Avenue (the “Subject Site”).

2The Applicant proposes to develop 15 mixed-use buildings on the Subject Site that would range in height from 5 to 8-storeys, with three buildings having a height range of 12 to 20-storeys. In total, 1,504 residential dwelling units are proposed, of which 50% would be affordable rental and 50% market rental.

3The Affidavit of Service signed by Linda Roberts was marked as Exhibit 1. Having reviewed the Affidavit the Tribunal was satisfied that proper notice of the CMC had been served.

PARTY STATUS REQUESTS

4Mr. Heuchret appeared to represent the Toronto Region Conservation Authority (the “TRCA”) on behalf of their counsel Barbara Montgomery. The TRCA made indication that it is their expectation that they will be calling at least one witness to the proceedings.

5After reviewing the status request form from the TRCA and having heard from the statutory parties that they have already been in discussions and have no objections the Tribunal grants Party Status to the TRCA.

6Mr. Heisey appeared before the Tribunal as counsel for the Bayview Woods Neighbourhood Association (the “BWNA”). Mr. Heisey confirmed that the BWNA was an incorporated organization. Mr. Heisey indicated that the BWNA would likely be calling four expert witnesses.

7After reviewing the status request form from the BWNA and having heard from the statutory parties that they have already been in discussions and have no objections the Tribunal grants Party Status to the BWNA.

PARTICIPANT STATUS

8The Tribunal was in receipt of twenty-four requests for Participant Status that the four Parties had not been aware of. The Parties had indicated that they had only been made aware of two. The Tribunal through the case coordinator will ensure that the Parties are aware of all the requests. Those individuals that are members of the BWNA can advance their concerns through their Counsel. The remaining requests can be included as part of the final DPO for the Tribunals consideration.

DRAFT PROCEDURAL ORDER

9The Parties have requested 15-days of the Tribunals calendar be set aside for the hearing of the merits. The hearing will begin on Monday, July 10, 2023.

10Mr. Bronskill, counsel for the Applicant, informed the Tribunal that the Parties have been working together on the DPO. The Tribunal has directed the Parties to submit a joint DPO, that includes the appropriate dates, a scoped Issues List, and agreed upon Participant’s list for the Tribunals consideration on or before 4 p.m. of Friday, August 26, 2022.

HEARING OF THE MERITS

11The hearing is scheduled to proceed by video on Monday, July 10, 2023 at 10 a.m.

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 (647) 497-9391 or Toll Free 1-888-455-1389. 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.

16No further notice is required.

17The Member may be spoken to should any issues arise with the finalization of the DPO.

18The Member is not seized for the hearing of the merits.

19So Orders the Tribunal.

“Steven Cooke”

STEVEN COOKE
VICE-CHAIR

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.