Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 30, 2023
CASE NO(S).: OLT-22-002277, OLT-22-003643
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: The RW Suites Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 38-storey residential building
Reference Number: 21 169458 NNY 15 OZ
Property Address: 124 Broadview Avenue (124 Broadview Avenue)
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002277
OLT Lead Case No: OLT-22-002277
OLT Case Name: The RW Suites Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: The RW Land Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 12-storey residential building
Reference Number: 21 234009 NNY 15 OZ
Property Address: 136 Broadway Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003643
OLT Lead Case No: OLT-22-003643
OLT Case Name: The RW Suites Corporation v. Toronto (City)
Heard: February 21, 2023 by video hearing
APPEARANCES:
Parties
Counsel
RW Suites Corporation and RW 136 Land Corporation
Rodney Gill Joe Hoffman (in absentia)
City of Toronto
Kasia Czajkowski Uttra Gautam Michelle LaFortune (in absentia)
Toronto Standard Condominium Corporation No. 1987
Justin McLarty
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 21, 2023, AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) regarding Appeals pursuant to s. 34(11) of the Planning Act (“Act”) for the City of Toronto’s (“City”) failure to make a decision within the required timeframe on two Zoning By-law Amendment applications for the properties municipally known as 124 and 136 Broadway Avenue (“Subject Properties”).
2At the previous CMC, the Appeals, brought forward by the RW Suites Corporation and the RW 136 Lands Corporation (together the “Applicant”), were consolidated.
3In advance of this CMC, the Tribunal was advised that the Applicant had revised the proposal and is now proposing to construct a 38-storey building (the location of which has now shifted west slightly by approximately 3 metres) at 124 Broadway Avenue and a 35-storey building at 136 Broadway Avenue. As a result of the revised proposal, Notice of this second CMC was issued and a second Affidavit of Service was sworn by Mina Siskopoulos on January 23, 2023. The Tribunal marked the following exhibits:
Exhibit 1 – Affidavit of Service for CMC held July 22, 2022 (previously marked)
Exhibit 2 – Affidavit of Service for CMC held February 21, 2023
There were no concerns raised regarding the Notice and the Tribunal was satisfied that proper notice of this CMC was provided.
STATUS REQUESTS
4Prior to this CMC, the Tribunal received one request for Party status from the Toronto Standard Condominium Corporation No. 1987 (“TSCC”). The Tribunal also received fourteen requests for Participant status from the following individuals:
Bahar Azizian
Brooke Saunders
Bruce Humphrey
Carina Betts
Catherine McCarthy
Jack Coop
Janet Boulden
Laura Inglis
Mark Edwards
Robert and Mary McCormick
Sandra Di Giantomasso
Shelley Silliker
Shelly Findlay
Timothy Swift
5Upon review and consideration of the request for Party status, and with the consent of the Parties, the Tribunal granted Party status to TSCC. Hearing no objections from any of the three Parties, the Tribunal, upon consideration, also granted Participant status to the individuals listed in paragraph [4].
HEARING OF THE MERITS
6A 12-day Hearing of the Merits was scheduled at the first CMC to begin on Tuesday, August 8, 2023, at 10 am by video hearing.
7Parties 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/638422541
Access code: 638-422-541
8Parties 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
9Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 638-422-541.
10Individuals 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.
STATUS UPDATE
11Counsel for the Applicant indicated that in anticipation of TSCC being granted Party status, discussions with the City and TSCC have been on-going in order to narrow or resolve issues. Mr. Gill also indicated that regarding the Procedural Order, including Issues List, the Parties (including TSCC) had agreed to the following timelines:
a. a final list of TSCC’s issues would be provided to all Parties on or before Tuesday, March 7, 2022;
b. a final list of the City’s issues would be provided to all Parties on or before Tuesday, March 14, 2022; and
c. the final Procedural Order, including Issues List, would be provided to the Tribunal on or before Tuesday, March 14, 2022.
12The Tribunal concurred with these timelines, but elected to grant additional days for the provision of the final Procedural Order, including the Issues List, and directed the Parties to provide it on or before Friday, March 17, 2023 for the Tribunal’s consideration.
MEDIATION AND SETTLEMENT DISCUSSIONS
13The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option. Mr. Gill stated that the Applicant was open to the possibility of mediation and was looking to have those discussions in the near future.
ORDER
14THE TRIBUNAL ORDERS that:
a. Party Status is granted to Toronto Standard Condominium Corporation No. 1987;
b. Participant Status is granted to:
Bahar Azizian
Brooke Saunders
Bruce Humphrey
Carina Betts
Catherine McCarthy
Jack Coop
Janet Boulden
Laura Inglis
Mark Edwards
Robert and Mary McCormick
Sandra Di Giantomasso
Shelley Silliker
Shelly Findlay
Timothy Swift
c. The final Procedural Order, including the Issues List, will be provided to the Tribunal on or before Friday, March 17, 2023;
d. No further notice is required; and,
e. This Member is not seized.
“S. Bobka” S. BOBKA 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.