Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 09, 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:
July 13, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Birchcliff Developments Inc.
J. Hoffman
City of Toronto
K. Czajkowski
Birch Cliff Village Community
Residents Association
I. Flett
John Hartley
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JULY 13, 2022 AND ORDER OF THE TRIBUNAL
1On July 13, 2022, the Tribunal held a Case Management Conference (“CMC”) for official plan and zoning by-law amendment appeal proceedings brought by Birchcliff Developments Inc. (“Appellant”) in relation to the lands located at 1615-1641 Kingston Road and 50-52 Birch Cliff Avenue.
2At the CMC, the Appellant informed the Tribunal that it had concluded a settlement with the Toronto Lands Corporation, which was now withdrawing its appeal, and that the Appellant has extended an offer to settle to the City of Toronto. The Appellant stated that settlement discussions with the Birch Cliff Village Community Residents Association and John Hartley are ongoing. It requested that a further CMC be scheduled for the Fall. It suggested that the CMC could be converted to a settlement hearing, if a comprehensive settlement is reached. It stated that if a settlement is not reached, the CMC could be used for the finalization of a draft Procedural Order and Issues List and for the setting of hearing dates.
3The Tribunal scheduled a further CMC for October 2022 and directed that, if no comprehensive settlement is reached, the Parties file a draft Procedural Order and Issues List prior to the October CMC. If a comprehensive settlement is reached, it requested that the Parties promptly inform the Tribunal and request to have the CMC converted to a settlement hearing.
ORDER
4The Tribunal directs that, if no comprehensive settlement is reached, the Parties file a draft Procedural Order and Issues List by Friday, October 21, 2022.
5The Tribunal orders that a further CMC will be held by video hearing on Monday, October 24, 2022 commencing at 10 a.m.
6Parties 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
7Parties 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
8Persons 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.
9Individuals 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.
10This Member is not seized.
11There will be no further notice.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.```