Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2022
CASE NO(S).: OLT-22-001996 (Formerly PL210308)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Soudan-Brownlow Properties Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: R2 Z06
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 21-storey residential building
Property Address/Description: 8-18 Brownlow Avenue and 190-200 Soudan Avenue
Municipality: City of Toronto
Municipality File No.: 20 230428 STE 12 OZ
OLT Case No.: OLT-22-001996
Legacy Case No.: PL210308
OLT Lead Case No.: OLT-22-001996
Legacy Lead Case No.: PL210308
OLT Case Name: Soudan-Brownlow Properties Inc. v. Toronto (City)
Heard: February 2, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Soudan-Brownlow Properties Inc. | David Bronskill |
| City of Toronto | Laura Bisset |
| Toronto Land Corporation | Julie Lesage |
| South Eglinton Ratepayers and Residents Association | Andy Gort* |
DECISION DELIVERED D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) with regard to Soudan-Brownlow Properties Inc. (“Applicant/Appellant”) who intends to redevelop its property located at 8-18 Brownlow Avenue and 190-200 Soudan Avenue in Toronto (the “subject lands”) with a 21-storey residential rental building consisting of 167 new rental units.
2To facilitate its proposed development, the Applicant applied for an amendment to City Zoning By-law No. 438-86 (the “ZBA”). The City failed to make a decision on the application within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, at which point the Applicant appealed to the Tribunal pursuant to s. 34(11) of that statute.
PROCEDURAL ORDER AND ISSUES LIST
3Mr. Bronskill informed the Tribunal that the draft Procedural Order (“PO”) submitted to the Tribunal included a draft Issues List provided by the City based on the City’s Directions Report. The City’s Directions Report is currently before City Council at its meeting scheduled for February 2-3, 2022.
4Ms. Bisset stated that once direction is provided by City Council, the Parties will seek Tribunal-led mediation as all Parties believe this Application is a good candidate for resolution through mediation.
5The Parties agreed that scheduling an eight (8)-day hearing to ensure a timely resolution to the matter should mediation be unsuccessful was prudent.
6The Tribunal agreed to schedule an eight (8)-day hearing based on the number of expert witnesses the Parties expect to call. The Tribunal informed the Parties that should mediation result favourably in a settlement, the Parties are expected to inform the Tribunal to release the hearing dates and to set a date for a Settlement Hearing of the planning instruments.
7The Tribunal set the hearing for date Tuesday, November 22, 2022 commencing at 10 a.m. by video hearing.
8The Tribunal directed the Parties to submit an updated Procedural Order with a scoped Issues List by Friday, February 25, 2022 to the Case Coordinator for consideration and approval by the Tribunal.
9Coordinates for the hearing as set out in this Decision are as follows:
10Parties 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://meet.goto.com/765631861
Access code: 765-631-861
11Parties 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
12Persons 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.
13Individuals 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.
ORDER
14The date and particulars of the Hearing of the merits is set out above.
15Counsel for the Applicant/Appellant shall be tasked with the co-ordination and preparation of the draft PO, to be filed with the Tribunal on consent of the Parties on or before Friday, February 25, 2022.
16No further notice will be provided.
17The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“D. Chipman”
D. CHIPMAN
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.