Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 18, 2022
CASE NO(S).:
OLT-22-002960
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant
Yolanda Flanders Developments Inc. 2242148 Ontario Ltd.
Subject:
Zoning By-law
Description:
To correct the Parking Zone Overlay Map included in By-Law 89-2022
Reference Number:
BL 125-2022
Property Address:
City Wide
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002960
OLT Lead Case No:
OLT-22-002960
OLT Case Name:
Yolanda Flanders Developments Inc. 2242148 Ontario Ltd. v. Toronto (City)
Heard:
July 28, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Yolanda Flanders Development Inc. 2242148 Ontario Limited
John Alati
The City of Toronto
Gabriel Szobel and Marc Hardiejowski
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
1These directions flow from the first Case Management Conference (“CMC”) in this matter.
2The Affidavit of Service by email, sworn by Raneisha Flemmings was entered as Exhibit 1.
3The Affidavit of Service by first-class mail sworn by Manveer Brar was entered as Exhibit 2.
4On February 17, 2022, City Council for the City of Toronto (“City”) enacted Zoning By-law 125-2022 (“Zoning By-law”) to amend Zoning By-law 89-2022, which amends the City’s comprehensive Zoning By-law 569-2013.
5Yolanda Flanders Development Inc. and 2242148 Ontario Limited (“Appellants”) are the owners of land known municipally as 51 Drewry Avenue and 8- 28 Inez Court ("Subject Lands") in the City.
6The Appellants appealed the Zoning By-law pursuant to s. 34 (19) of the Planning Act.
7The Parties informed the Tribunal that they have had productive meetings and are confident that they will resolve the Appeal.
8The Parties jointly requested the Tribunal convene a second CMC to enable them to continue to collaborate to resolve the Appeal. The Tribunal scheduled a second CMC for September 21, 2022 at 10:00 a.m. for 1 day.
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/519389173
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 519-389-173
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, provided above.
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.
13On or before August 31, 2022, the Parties will provide the Tribunal with an update regarding the progress of their efforts to resolve the Appeal.
14If the Parties have settled the issues in the Appeal, they may request the second CMC be converted to a Settlement Hearing. If the Parties request the second CMC be converted to a Settlement Hearing they will file the terms of the Settlement of the appeal to the Tribunal for consideration prior to September 15, 2022.
15If the Parties have not settled the issues in the Appeal they will submit a draft Procedural Order to the Tribunal, prior to September 15, 2022.
16Further, if the Parties have not resolved the Appeal the purpose of the second CMC will be to organize matters to move the Appeal forward to a hearing of the merits of the Appeal.
ORDER
17The Tribunal Orders the rulings and directions as contained in this Decision.
18The Member is not Seized other than to assist in matters arising from this Order.
19No 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.