Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2023
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 & D.C.M. Holdings Ltd. Appellant: Kale Management Inc. et al Appellant: Morguard Investment Limited Appellant: Suncor 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: December 2, 2022 by Video Hearing
APPEARANCES:
Parties D. Crupi & Sons Ltd. D.C.M. Holdings Ltd. Al Reisman Limited Suncor Energy Products Inc. Morguard Investments Limited 60 Bloor Equities Inc. Revenue Properties Co. Ltd. City of Toronto
Counsel David White Mary Flynn-Guglietti Eugenia Bashura Gabe Szobel Marc Hardiejowski
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON DECEMBER 2, 2022 AND ORDER OF THE TRIBUNAL
1This was the third Case Management Conference (“CMC”) for the various appeals pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, for the City of Toronto (“City”) passage of Zoning By-law No. 607-2015 that had amended the City Comprehensive Zoning By-law No. 569-2013.
2Two items had been brought forward during this CMC to obtain direction from the Tribunal:
1.) A motion for partial approval from the City. The Notice of Motion and supporting affidavit of Jamie Atkinson was marked as Exhibit 2.
2.) A Request on Consent to change hearing dates of the site-specific D. Crupi & Sons Ltd. and D.C.M. Holdings Ltd (“Crupi”) appeals.
MOTION
3The City brought forward an uncontested motion requesting the following relief from the Tribunal:
An Order, pursuant to Subsection 34(31) of the Planning Act, declaring that certain parts of By-law 607-2015 – Technical Amendments to Zoning By-law 569-2013, set out in Exhibit "B" to the affidavit of Jamie Atkinson, sworn on November 09, 2022, are in full force and effect, except as they apply to certain lands set out by address in Exhibit "C"; and
Such further and other relief as Counsel may advise and the Tribunal may permit.
4This motion does not prejudice the site-specific matters of the Appellant Parties. As such, all Parties have agreed with the City’s Motion Request for a partial approval of the appeals.
The Parties have agreed the following four regulations will remain under appeal as they pertain to the site-specific matters: Section 25 of the By-law, adding new Site-Specific Exception 900.22.10(11) to Zoning By-law 569-2013;
Section 62 of the By-law that adds Schedule '5' to Zoning By-law 569-2013 amending the zone label for lands in the area of Kennedy Road south of Passmore Avenue in Section 990.10, so that it reads: “EH 0.5 (x11)”;
Section 68 of the By-law that adds Schedule “18” to Zoning By-law 569-2013 amending the zone label for 8 Thorncliffe Park Drive from a zone label of “CR 2.2 (c2.2; r1.5) SS3 (x1163)” to “CR 2.2 (c2.2; r1.5) SS3 (x869)”; and
Schedule “5” – Kennedy Road South of Passmore Avenue of the By-law.
5After reviewing the uncontested evidence found in the affidavit of Mr. Atkinson, the Tribunal finds that the Regulations of By-law 607-2015 are consistent with the policy direction established by the Provincial Policy Statement 2020 and conform to the relevant directives established by the Growth Plan for the Greater Golden Horseshoe 2019 and as maintained by the City Official Plan. The Tribunal is further satisfied that the proposal has due regard for matters of Provincial interest, is consistent with the principles of good land use planning, and is in the greater public interest. More significantly, the Tribunal is satisfied that, in the opinion of Mr. Atkinson, these regulations will help to simplify the zoning review process for the various building and planning Applications, as property owners will no longer have to determine the pre-amalgamation of the City applicable By-laws.
HEARING DATES
6At the previous CMC, four days had been set aside in the Tribunal’s calendar to hear the site-specific Crupi appeals, beginning on April 18, 2023. The Tribunal was informed that Counsel for Crupi had a scheduling conflict with another Tribunal matter being heard at the same time. With the consent of the City, the Tribunal was requested to reschedule the four-day (“4-day”) Hearing of the merits until fall.
7The Tribunal granted the request, and has rescheduled the matter. The Hearing is scheduled to be heard for four (“4”) days, and will proceed by video on Tuesday, November 14, 2023 at 10 a.m.
8Parties and participants are asked to log in to 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/692665589
Access code: 692-665-589
9Parties 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.
10Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is: 692-665-589.
11Individuals 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
12THE TRIBUNAL ORDERS that the motion for partial approval by the City of Toronto of By-law 607-2015, found in Exhibit 2, is approved,
13AND THAT the 4-day Hearing of the merits (Crupi) is rescheduled to Tuesday, November 14, 2023.
14No further notice is required.
15The Member is not seized.
“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.