Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 09, 2023
CASE NO(S).: OLT-21-001606
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 545 Eglinton LP Inc. (Skale Developments)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 21-storey, 128 unit residential building
Reference Number: 21 191659 NNY 15 OZ
Property Address: 537, 539, 541, 543 Eglinton Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001606
OLT Lead Case No: OLT-21-001606
OLT Case Name: 545 Eglinton LP Inc. (Skale Developments) v. Toronto (City)
PROCEEDING COMMENCED UNDER section 22 (7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 545 Eglinton LP Inc. (Skale Developments)
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit a 21-storey, 128 unit residential building
Reference Number: 21 232259 NNY 15 OZ
Property Address: 537, 539, 541, 543 Eglinton Avenue East
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002558
OLT Lead Case No: OLT-21-001606
Heard: September 16, 2022 and continued on December 9, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 545 Eglinton LP Inc. (Skale Developments) | David Bronskill |
| City of Toronto | Sarah O’Connor |
| Akelius Ltd. | Jamie Cole |
| Hoyle Residents Group | Jacqueline King (in Absentia) Linda Ono* |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON DECEMBER 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) which was continued from September 16, 2022. The parties needed to work through the issues, there was a planned revision to the proposal with expanded site and a need to provide new notice in this regard.
2The (“Applicant/Appellant”) is 545 Eglinton LP Inc. (Skale Developments). The appeals by the Applicant/Appellant are made pursuant to s. 22(7) and s. 34(11) of the Planning Act due to the refusal of an Official Plan Amendment (“OPA”) and a neglect to make a decision regarding the Zoning By-law Amendment (“ZBA”) by the City of Toronto (“City”).
3A revised Affidavit of Service was sworn for the continuation of the second CMC due to issues with the first Affidavit and changes to the proposal. This Affidavit was sworn by Rochelle Vasquez on October 13, 2022 and the service was duly confirmed to have been carried out. This is marked as Exhibit 2 for the record.
Parties and Participants
4The matter of determination of participants was deferred to the second CMC in a previous decision of the Tribunal dated June 17, 2022. The participants were determined and those granted participant status by the Tribunal are listed in Attachment 1.
5Akelius Ltd. (“Akelius”) requested party status based on the revised notice. Akelius has property located at 551 Eglinton Avenue East and identified issues of easements as well as appropriateness of the development in the context of their property and the surrounding context.
6Having reviewed the submission with the consent of the parties, Akelius was granted party status.
Updates
7The Parties were reminded about Tribunal-led mediation services. They informed that they are engaged in private discussions aimed at reaching a settlement or to achieve narrowing of the issues. Thus, at the present time, they will not engage in Tribunal-led mediation.
8There was a discussion of the Issues List drafted by each of the parties. The parties were directed to review and refine the issues with specific policy references as well as to organize the issues in a top-down planning regime structure.
9The Tribunal raised particular concerns about the issues raised by Hoyle Residents Group (“HRG”). The issues were determined to be too general and lacking specific policy references, not sufficiently aligned with possible plans of bringing forth proper opinion evidence at a hearing. Linda Ono assured that these concerns will be addressed working with the other parties in the final draft of the Procedural Order (“PO”) to be provided to the Tribunal.
10The Tribunal notes that Jacqueline King is the legal representative for Hoyle Residents Group who has continued to be absent, with Ms. Ono continuing to partake as a non-legal representative. HRG was directed to ensure that proper representative authorization documents are provided to the Tribunal as well as copied to the other parties. Any continued lack of clarity of the same could have negative consequences for HRG as per allowed under the Ontario Land Tribunal’s Rules of Practice and Procedure.
11The Applicant/Appellant with consent of all the parties agreed to provide the final draft of the PO to the Tribunal no later than January 6, 2023. However, the PO on consent of all parties has not been submitted in final draft form. The Tribunal was since requested to adjourn the scheduled hearing. The Tribunal allowed this request and a one day CMC has been set in place o the previously set hearing on merits.
12The parties shall be prepared to provide latest version of the draft PO at the upcoming CMC. Any issues contested for inclusion in the draft PO shall be identified prior to the CMC.
13The Tribunal sets a one (1) day CMC for Wednesday, June 21, 2023 at 10 a.m. The CMC will be conducted by video conference.
CMC Technical Details
14The CMC by video hearing will commence on Wednesday, June 21, 2023, at 10 a.m.
15Parties are asked to log into these video hearings at least 15 minutes before the start of the event to test their video and audio connections.
https://global.gotomeeting.com/join/979388733 Access Code: 979-388-733
16Parties and Participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html
17Persons 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: 979-388-733.
18Individuals are directed to connect to the events on the assigned dates at the correct times. It is the responsibility of the persons participating in hearing events by video to ensure that they are properly connected at the correct time. Questions prior to these hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
19No further notice will be given.
20This Panel is not seized but remains available through the Case Coordinator should the need arise.
21The directions in this decision are so Ordered.
"Jatinder Bhullar"
JATINDER BHULLAR
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.
Attachment 1
List of Participants
PARTICIPANTS
Michael Petrucco Tel: 416.200.7715 Email: m_petrucco@hotmail.com
Gary Klein-Smith Tel: 416.482.5410 Email: gary-smith@sympatico.ca
Barbara & Hugh Fletcher Tel: 416.484.8492 Email: barbara.fletcher@sympatico.ca
Heather Broughton Tel: 647.985.4536 Email: hbroughton@cheerful.com
Vera Kan Tel: 416.841.2779 Email: vera.kan@gmail.com
South Eglinton Davisville Residents’ Association (SEDRA) (c/o Susan Simon) Tel: 416.482.9532 Email: sue.simon@sedratoronto.ca
James Domm Tel: 416.484.6340 Email: jimdomm@gmail.com
Susan Jacobsen Tel: 416.995.3499 Email: slj@rogers.com
Fred Tibbet Tel: 647.343.7461 Email: fstibbet@hotmail.com
Rob King Tel: 416.417.2246 Email: rkingroi@gmail.com