Bahardoust v. Toronto (City), 2023 CanLII 43654

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 18, 2023

CASE NO(S).:

OLT-22-002465

(Formerly PL130592)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant(s):

Multiple Appellants

Subject:

By-law No. 569-2013

Municipality:

City of Toronto

OLT Case No.:

OLT-22-002465

Legacy Case No.:

PL130592

OLT Lead Case No.:

OLT-22-002465

Legacy Lead Case No.:

PL130592

OLT Case Name:

Bahardoust v. Toronto (City)

Heard:

December 6, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

City of Toronto

G. Szobel

M. Hardiejowski

Confederation of Resident and Ratepayer Associations in Toronto and Swansea Area Ratepayers Group

W. Roberts

1217861 Ontario Limited (Appeal 107), 258 Attwell Drive Limited (Appeal 108), 1585168 Ontario Inc. (Appeal 109), Red Banner Developments Limited (Appeal 110) and 1182929 Ontario Inc. (Appeal 111)

D. White

Morguard Investments Limited, 60 Bloor Equities Inc. and Revenue Properties Co. Ltd.

E. Bashura

Arsandco Investments Limited (Appeal 158), The Goldman Group (Appeal 161) Burnac Holdings Limited (Appeal 170), and Sun Life Assurance Company (Appeal 184)

A. Frank

Morguard Corporation (Appeal

K. Sutton

2), Torgan Management Inc. (Appeal 99), Crown Realty II Limited Partnership (Appeal 100) and Suncor Energy Products Inc. (Appeal 77)

Atlantic Packaging Products Ltd. (Appeals 17 and 21), The International Group Inc. (Appeals 24 to 26), and Irving Tissue Corporation (Appeals 32 and 33) and Krugarand Corporation (Appeal 213)

C. Lantz

Silvercore Properties Inc. et. al.

J. Cole

Home Depot and Toronto Faith Coalition Inc.

D. Tang and J. White

Greenhill Community Association (Appeal 84)

L. Hong*

Riocan and Lawrence Square

M. Rutledge

844940 Ontario Inc.

K. Vergis-Mayo

Advocacy Centre for Tenants Ontario

D. Kwan

Please see Attachment 1 for Remaining Parties and those granted Party Status

DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL

1The Tribunal conducted a Case Management Conference (“CMC”) on December 6, 2022, for these ongoing appeals to the City of Toronto’s (“City”) 2013 comprehensive By-law. This was essentially an update on the status of the outstanding Appeals.

2Requests for updates to the Appearance list for the September 16, 2022 decision were received from Mary Lee, Calvin Lantz and Kailey Sutton.

3A settlement in principle has been reached between the City and the Appellant on Phases 3 and 4.

4The Phase 2 order has been issued.

Reviewing the Topic - Specific Appeals:

5Cemeteries: Settlement discussions have proceeded. The new parking standards by-law will affect these.

Propane Stations

6Two main Appellants - discussions are continuing.

Parking

7The City’s new parking standards by-law is in full force and effect. This removes minimum standards in some cases. One site remains under appeal, which following review might be resolved. If not, the City may seek to have this Appeal dismissed.

Multi-Tenant Housing:

8No change, due in large part to lack of a Multi-Tenant Housing by-law in all former municipalities. Council has deferred due to absence of framework to address the issues.

Houses of Worship:

9These issues also involve parking. Discussions have been held with David Tang, and a framework for resolution has been reached.

School Boards

10A resolution in principle has been formulated, in “buckets”. Steven O’Melia is counsel, but did not appear in the CMC.

Site-Specific Appeals

11A number of appeals are coming, also reviewing site specific proposals, and involving Matthew Rutledge and Joel Farber as counsel. – Rio Can – 70 Lawrence Ave., W.

12There have been withdrawals, which will be noted in the chart of Appeals.

13Mr. Rutledge requested four days for a Hearing for Appeal No. 70, RioCan - 70 Lawrence Avenue West. The City had received only an Appeal letter dated May 31, 2013, and no real reasons were supplied. An Issues List is required. Mr. Farber confirmed that there is no development application, the Appeal is only respecting the same-site zoning.

14William Roberts again requested a “correction” of a previous decision for residential standards. He was informed that the Tribunal’s decision stands, since there had been no request for review of the decision within the timeframe required in the Tribunal’s Rules of Practice and Procedure.

15With respect to the matter involving Linda Hong who has been following these CMCs, there is no legal counsel representing the site she is concerned with. Thus no issues list, nor experts retained, with the result that the Appeal has not advanced.

16The Tribunal requires that all Parties intending to appear at specific proceedings in this file notify Gabe Szobel, Counsel for the City, a week or at least several days prior to a hearing or other proceeding. This will enable him to keep an ongoing Appearances list.

CASE MANAGEMENT CONFERENCE (“CMC”)

17The hearing is schedule by video on Tuesday, June 20, 2023 commencing at

10 a.m.

18Parties 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/979388733

Access code: 979-388-733

19Parties 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

20Persons 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 as indicated above.

21Individuals 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.

22These Members are not seized.

23No further notice is required.

“G. Burton”

G. BURTON

VICE-CHAIR

“D.S Colbourne”

D.S. COLBOURNE

VICE-CHAIR

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.

ATTACHMENT 1

Remaining Appeals to Zoning By-law 569-2013:

Updated between February 2019 and April 2023

Appeal Number

APPELLANT

COUNSEL/AGENT

APPEAL TYPE

Status

Morguard Corporation

Mary Flynn-Guglietti

Site Specific

Active

~~Robert McAlpine Limited~~

~~Sidonia J. Loiacono~~

~~Site Specific~~

Settled on consent (February 2, 2016). Withdrawn.

~~Lafarge Canada~~

~~W. Brent Clarkson~~

~~Site Specific~~

Withdrawn: letter dated February 10, 2015

Robert B. Statton

Topic Specific

Area Specific

Active

Metropolitan United Church

Neil M. Smiley

Site Specific

Active

Toronto District School Board

Bruce Engell

Topic Specific

Active

Curlew Developments Inc.

Mark Kemerer

Site Specific

Active

Ontario Power Generation

Andrew Jeanrie

(formerly Mary Flynn-Guglietti)

Site Specific

Active.