Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 14, 2022
CASE NO(S).: OLT-22-002454 (Formerly) PL150661
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Al Reisman Limited
Appellant: D. Crupi & Sons Ltd. & D.C.M. Holdings Ltd.
Appellant: Kale Management Inc. et al
Appellant: Morguard Investment Limited
Appellant: Suncore Energy Products Inc.
Subject: ZBL No. 607-2015
Municipality: City of Toronto
OLT Case No.: OLT-22-002454
Legacy Case No.: PL150661
OLT Lead Case No.: OLT-22-002454
Legacy Lead Case No.: PL150661
OLT Case Name: Al Reisman Limited v. Toronto (City)
Heard: August 10, 2022 by video hearing
APPEARANCES:
Parties
Counsel
D. Crupi & Sons Ltd.
David White
D.C.M. Holdings Ltd.
Kale Management Inc.
Calvin Lantz
Yonge-Clair Properties Inc.
Milwest Investments Inc.
Kato Krauss
Suncore Energy Products Inc.
Kailey Sutton
Morguard Investments Limited
Johanna Shapira (in absentia)
60 Bloor Equities Inc.
Eugenia Bashura
Revenue Properties Co. Ltd.
City of Toronto
Gabe Szobel
Marc Hardiejowski
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
BACKGROUND AND STATUS
1On June 12, 2015, the City of Toronto (“City”) passed Zoning By-law No. 607-2015 (“ZBL 607”) which amended City Comprehensive Zoning By-law No. 569-2013 (“ZBL 569”).
2The Appellants listed above, appealed ZBL 607 to the Tribunal pursuant to s. 34(19) of the Planning Act.
3This decision flows from the second Case Management Conference (“CMC”) for these appeals.
4Prior to the CMC, the Tribunal received an Issues List from D. Crupi & Sons Ltd. and D.C.M. Holdings Ltd (“Crupi”). It was entered as Exhibit 1.
5The City agreed that the List appropriately characterized the issues in the appeal filed by Crupi (“Crupi Appeal”).
6The Tribunal was informed that the City and Crupi have had discussions regarding settlement of the Crupi Appeal. They are not optimistic that they will resolve Crupi Appeal without a hearing before the Tribunal.
7The City submitted a Draft Procedural Order for a hearing of the Crupi Appeal, it was entered as Exhibit 2 to these proceedings.
8Counsel for the City and Crupi requested the Tribunal to schedule a 4-day hearing of the merits of the Crupi Appeal.
9Having heard the submissions of the Parties, the Tribunal determined that it is appropriate to schedule a hearing of the merits for the Crupi Appeal. Gabe Szobel, counsel for the City, undertook to submit an updated Procedural Order.
10Mr. Szobel informed the Tribunal that he has had productive discussions with the other Appellants. He is confident that many of the remaining appeals will be resolved without a merit hearing before the Tribunal.
11On consent of the Parties, Mr. Szobel requested that the Tribunal convene a third CMC to allow the parties an opportunity to provide an update regarding the status of the appeals. Alternatively, the third CMC could be an opportunity for the Tribunal to consider any proposed settlements of the appeals.
12Mr. Szobel informed the Tribunal that he may bring a motion for partial approval of the appeals.
HEARING DATES AND DIRECTION
13The Tribunal determined that it will schedule a third CMC to consider the status of the appeals. The Tribunal directs that the third CMC is scheduled for Friday, December 2, 2022 commencing at 10 a.m.:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 709-076-365
14The Tribunal directs a 4-day merit hearing is scheduled to commence on Tuesday, April 18, 2023 at 10 a.m.:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 687-587-165
15Parties are asked to log into the hearing event(s) at least 15 minutes before the start of the event to test their video and audio connections.
16Parties 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.
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event(s) can connect to the event(s) by calling into an audio-only telephone line with the Access Code(s) as indicated above.
18Individuals are directed to connect to the event(s) on the assigned date(s) at the correct time. It is the responsibility of the persons participating in the hearing event(s) to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event(s) may be directed to the Tribunal’s Case Coordinator having carriage of this case.
19This Member is not seized.
20There will be no further notice.
“M. Arpino”
m. arpino
MEMBER
Ontario Land Tribunal
Website: www.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.