Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-22-004851
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sanderling Developments Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of a 32-storey mixed-use building with 249 residential units
Reference Number: 21 219614 NNY 15 OZ
Property Address: 586 Eglinton Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004851
OLT Lead Case No.: OLT-22-004851
OLT Case Name: Sanderling Developments Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Appellant: Sanderling Developments Limited
Subject: Site Plan
Description: To permit development of a 32-storey mixed-use building with 249 residential units
Reference Number: 21 237238 NNY 15 SA
Property Address: 586 Eglinton Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004852
OLT Lead Case No.: OLT-22-004851
OLT Case Name: Sanderling Developments Limited v. Toronto (City)
Heard: April 6, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Sanderling Developments Limited
David Sunday
City of Toronto
Sarah O’Connor
Jessica Amey
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON APRIL 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises from the first Case Management Conference (“CMC”) held in preparation for a hearing of the merits of the Appeal by Sanderling Developments Limited (the “Appellant”) pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the failure of the City of Toronto (the “City”) to make a decision within the statutory timeframes for the proposed Zoning By-law Amendment (“ZBA”) and Site Plan Application (“SPA”).
2The proposed applications are requesting to permit a development of a 32-storey mixed-use building with 249 residential units.
3The location of the Subject Property is 586 Eglinton Avenue East in the City of Toronto. The Subject Property is located on the north side of Eglinton Avenue East, approximately 167 metres west of Bayview Avenue. The Subject Lands are rectangular in shape with an approximate area of 1,645.20 square metres. The Subject Lands have a frontage of approximately 38.53 metres on Eglinton Avenue East with a depth of approximately 42.65 metres.
4Currently on the Subject Property is an 8-storey commercial office building with driveway access on Eglinton Avenue East.
5An Affidavit of Service by Hadassah Patrie was received by the Tribunal on March 2, 2023, which was marked as Exhibit 1 to the hearing. The Tribunal received a Supplementary Affidavit of Service by Hadassah Patrie on March 20, 2023, which was marked as Exhibit 2 to the hearing.
PARTY REQUESTS
6The Tribunal did not receive any further Party requests, beyond the two statutory Parties listed above.
PARTICPANT REQUESTS
7Prior to the hearing, the Tribunal received two Participant statements. These participant statements were from the Leaside Residents Association (the “LRA”) and the South Eglinton Davisville Residents Association (the “SEDRA”). Both associations were confirmed to be incorporated and both of their Participant statements were accepted by the Tribunal. The Tribunal granted Participant status to LRA and SEDRA.
PROCEDURAL ORDER AND ISSUES LIST
8Prior to the CMC, the Parties filed a draft Procedural Order to the Tribunal. The Tribunal discussed with the Parties the proposed Procedural Order and the lack of an agreed upon Issues List. The City advised the Tribunal that the finalization of the agreed upon Issues List is forthcoming. However, final comments from the City are not expected until after the June 16, 2023 City Council meeting.
9The Parties are requesting a “phased” hearing process. The Parties are requesting that the ZBA be heard first. The Parties are requesting that that the Decision be issued on the ZBA prior to the hearing of the SPA. This sequence may help resolve the SPA issues and may reduce the time needed for a hearing of the SPA. The Parties are requesting a 7-day hearing for the ZBA.
OPPORTUNITIES FOR RESOLUTION
10The Parties agreed that a settlement may occur but not until the ZBA had been decided by the Tribunal. The Parties were not willing to go forward with Tribunal-led mediation at this time.
HEARING DATES
11The Tribunal has scheduled a second CMC to occur by video conference on Monday June 26, 2023, at 10 a.m. The Tribunal directed that a finalized and (preferably) agreed upon draft Procedural Order and Issues List be submitted to the Tribunal for approval prior to the second CMC.
12The Tribunal has scheduled a seven-day hearing of the merits of the ZBA to proceed by video conference on Tuesday, April 2, 2024, to Thursday April 11, 2024, at 10 a.m. The Tribunal will not be sitting on Monday April 8, 2024, due to other previously scheduled Tribunal matters.
13The hearings are scheduled to proceed by video as follows:
Monday June 26, 2023, at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 719-383-509
Tuesday, April 2, 2024, at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 660-145-013
14Parties 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.
15Parties 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.
16Persons 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.
17Individuals 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
18THE TRIBUNAL ORDERS that a finalized and agreed upon draft Procedural Order and Issues List be submitted to the Tribunal for approval prior to the second CMC. Any absence of agreement on the Issues List should be highlighted.
19THE TRIBUNAL ORDERS that a second CMC will commence on Monday, June 26, 2023, at 10 a.m. for the purpose of approving the finalized Procedural Order and Issues List.
20THE TRIBUNAL ORDERS that a hearing of the merits of the Zoning By-law Application will commence on Monday, April 2, 2024, at 10 a.m. for a duration of seven days, exclusive of Monday, April 8, 2024.
21There will be no further notice.
22The Member is not seized.
“S. deBoer”
S. deboer
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.