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 RW Suites Corporation and RW 136 Land Corporation

Counsel Rodney Gill Joe Hoffman (in absentia)

Parties City of Toronto

Counsel Kasia Czajkowski Uttra Gautam Michelle LaFortune (in absentia)

Parties Toronto Standard Condominium Corporation No. 1987

Counsel 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