Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 28, 2023
CASE NO(S).: OLT-21-001666
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Cosburn Developments Limited
Subject: Application to amend Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential apartment building which steps up to a height of 15 storeys
Property Address: 5-19 Cosburn Avenue and 8-40 Gowan Avenue
Municipality: City of Toronto
Municipality File No.: 20 232897 STE 14 OZ
OLT Case No: OLT-21-001666
OLT Lead Case No: OLT-21-001666
OLT Case Name: Cosburn Developments Limited v. Toronto (City)
Heard: February 21, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cosburn Developments Limited | Zachary Fleisher |
| City of Toronto | Michael Mahoney Jason Davidson |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1As a note to the reader, a second CMC was convened on October 25, 2022 and converted to a status update Hearing.
2On that date, few updates were made available to the Tribunal, other than that productive negotiations were underway and revised plans were being considered.
3A further request on consent was sought for a third CMC. The Tribunal scheduled a third CMC for February 21, 2023.
4The purpose of this third CMC was to receive status updates from both Parties to organize the Hearing of these appeals.
5The Tribunal was informed that progress had been made and that a possible Settlement Report might be presented to City Council in March of 2023.
6The Parties were seeking a fourth CMC date on consent, to be scheduled either as a Settlement hearing or as a Hearing on the Merits.
ORDER
7The Tribunal hereby schedules a fourth CMC of these appeals to proceed by video on Thursday, June 8, 2023, commencing at 10 a.m.
8Parties 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/927921077
Access Code: 927-921-077
9Parties 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 into an audio-only telephone line: +1 (647)-497-9391 or Toll-Free: 1-888-299-1889. The access code is 927-921-077.
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 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.
12The Member is not seized.
13There will be no further Notice.
“Carmine Tucci”
CARMINE TUCCI
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.