Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2023
CASE NO(S).: OLT-22-004599
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Starbank West Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 9-storey condo with 58 dwelling units
Reference Number: 21 231202 NNY 08 OZ
Property Address: 1648-1670 Avenue Road & 405-407 Brookdale Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004599
OLT Lead Case No.: OLT-22-004599
OLT Case Name: Starbank West Corp. v. Toronto (City)
Heard: April 4, 2023 by Video Hearing
APPEARANCES:
Parties Counsel
Starbank West Corporation Mary Flynn-Guglietti
City of Toronto Marc Hardiejowski
MEMORANDUM OF ORAL decision DELIVERED BY JENNIFER GOLD AND S. BRAUN ON APRIL 4, 2023 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) respecting an appeal by Starbank West Corporation (“Appellant”). The appeal arises following a non-decision concerning a Zoning By-law amendment (“ZBA”) application to permit a nine-storey development with 58 residential units at the properties municipally described as 1648-1670 Avenue Road and 405-407 Brookdale Avenue, in the City of Toronto (“City”).
Service of Notice of CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
3No persons requested Participant or Party status prior the CMC. A number of interested individuals appeared to observe the CMC and the Tribunal inquired as to whether those individuals were seeking status of any kind. No individuals requested Party or Participant Status but some expressed an interest in attending to observe future hearing events. Those individuals were directed to request that they be added to the Tribunal’s contact list through the Case Coordinator.
SETTLEMENT HEARING
4The Parties advised the Tribunal that they have reached a settlement and wish to schedule a Settlement Hearing. Accordingly, the Tribunal scheduled a one-day Settlement Hearing by video on Friday, April 28, 2023 to commence at 10 a.m.
5The Parties are directed to submit all materials in support of the settlement no later than Wednesday, April 26, 2023.
6Statutory Parties and anyone seeking party or participant status are asked to log on into the video hearing at least 15 minutes before the start of the event to test their video and audio connections, video hearing details are as follows:
https://meet.goto.com/344779885 Access Code: 344-779-885
7Parties 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.
8Persons 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 as indicated above.
9Individuals 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 video hearing 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
10The Tribunal Orders that:
This matter is scheduled for a Settlement Hearing on Friday, April 28, 2023 at 10 a.m. The particulars of the hearing are set out above.
No further notice is required.
The Members are not seized.
“Jennifer Gold”
JENNIFER GOLD
MEMBER
“S. Braun”
S. Braun
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.