Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2022
CASE NO(S).: OLT-22-002277, OLT-22-003643
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: The RW Suites Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 38-storey residential building Reference Number: 21 169458 NNY 15 OZ Property Address: 124 Broadview Avenue (124 Broadview Avenue) Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002277 OLT Lead Case No: OLT-22-002277 OLT Case Name: The RW Suites Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: The RW Land Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 12-storey residential building Reference Number: 21 234009 NNY 15 OZ Property Address: 136 Broadway Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-003643 OLT Lead Case No: OLT-22-003643 OLT Case Name: The RW Suites Corporation v. Toronto (City)
Heard: July 22, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | U. Gautam |
| The RW Suites Corporation and The RW 136 Land Corporation | J. Hoffman |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JULY 22, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (the “CMC”) for the appeals under s. 34 (11) of the Planning Act, for the City of Toronto’s (the “City”) failure to make a decision on two separate applications by The RW Suites Corporation and The RW 136 Lands Corporation (the “Applicant”) for a Zoning By-law Amendment (the “ZBA”) within the statutory timeframe for the adjacent properties municipally known as 124 and 136 Broadway Avenue.
2The Applicant proposes to construct a 38-storey building at 124 Broadway Avenue and a 12-storey building at 136 Broadway Avenue, that would share common elements in design, and vehicular access points. The lands are designated within an Apartment Neighbourhood in the City’s Official Plan. The purpose of the applications for the ZBA would be to permit an increase to the building height and density.
3A joint Affidavit of Service for the CMC was sworn by Mina Siskopoulos and marked as Exhibit 1. After reviewing the Affidavit and hearing no concerns the Tribunal was satisfied that proper Notice of the CMC was issued.
STATUS REQUESTS
4The Tribunal received one request for Participant Status prior to the CMC from Steamliner Properties Inc. Mr. McIntosh appeared as the representative of Steamliner Properties Inc. to inform the Tribunal that they have no objections to the proposed development and are no longer seeking status in the proceedings.
5No other individuals or entities presented themselves to the Tribunal seeking either Party or Participant Status.
CONSOLIDATION OF THE HEARINGS
6Under rule 16 of the Tribunals Rules of Practice and Procedure, the Parties have requested that the two proceedings be consolidated and heard at the same time. Given that the Parties are the same in both matters, and the properties are adjacent sharing common elements, the Tribunal approves that the consolidation of the two proceedings is appropriate and the most efficient use of the Tribunals calendar.
FUTURE HEARING DATES
CMC
7The Parties had requested a further CMC to present and finalize the draft Procedural Order and Issues List. The City informed the Tribunal that they have not received instructions from Council yet and do not anticipate that they will before the end of the current Councils term.
8A CMC has been scheduled for Tuesday, February 21, 2023 at 10 a.m.
9Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 709-076-365
10Parties 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 at: https://app.gotomeeting.com/home.html
11Persons 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.
12Individuals 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.
Hearing of the Merits
13Based on the anticipated number of witnesses the Parties have requested 12-days of the Tribunals calendar for the hearing of the merits. The Hearing will begin on Tuesday, August 8, 2023 at 10 a.m.
14Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 638-422-541
15Parties 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 at: https://app.gotomeeting.com/home.html
16Persons 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.
17Individuals 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.
18No further notice is required.
19The Member is not seized.
20So 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.