Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 31, 2023

CASE NO(S).: OLT-22-002507 (Formerly PL210238)

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Lamb Sterling Corp.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit an 18 storey, 326-unit mixed-use development

Reference Number: 20 199975 STE 09 OZ

Property Address: 1405, 1407, 1409 and 1409A Bloor Street West and 231, 231A and 229 Sterling Road

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002507

Legacy Case No: PL210238

OLT Lead Case No: OLT-22-002507

Legacy Lead Case No: PL210238

OLT Case Name: Lamb Sterling Corp. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit an 18 storey, 326-unit mixed-use development

Reference Number: 20 1999975 STE 09 OZ

Property Address: 1405, 1407 1409 and 1409A Bloor Street West and 231, 231A and 229 Sterling Road

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002508

Legacy Case No: PL210239

OLT Lead Case No: OLT-22-002507

Legacy Lead Case No: PL210238

Heard: March 15, 2023 and March 23, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

Lamb Sterling Corp. (“Applicant”)

Eileen Costello

City of Toronto (“City”)

Laura Bisset Derin Abimbola

221 Sterling Road Holdings Inc. (“221 Sterling”)

Natalie Ast

South Junction Triangle Grows Neighbourhood Association (“Association”)

Cara Sweeny*

DECISION DELIVERED BY JATINDER BHULLAR AND ORDER OF THE TRIBUNAL

BACKGROUND

1This third Case Management Conference (“CMC”) was scheduled as a follow-up from the second CMC. This CMC started on March 15, 2023.

2As has been noted in previous CMC decisions, the Association, an incorporated entity, has over the period neither duly provided documentation for the appointment of a Counsel nor a Representative.

3In many ways, the start of this CMC was no different from the previous CMCs. The Tribunal inquired about who was officially representing the Association. Cara Sweeny, a lawyer licensed by the Law Society of Ontario (LSO) spoke. Ms. Sweeny, however, stated that she does not represent the Association as their Counsel but as a non-legal Representative. Ms. Sweeny did not take well to the Tribunal’s suggestion that she appropriately and duly have consideration for LSO By-law 4.1 regarding the roles and responsibilities of lawyers or counsel in any proceeding, including doing so as pro-bono work. Also out of due diligence in carrying out its mandate, the Tribunal suggested to Ms. Sweeny that she might, also as appropriate and necessary, consult with Lawyers’ Professional Indemnity Company (LawPRO) regarding her work in representing the Association before the Tribunal.

4Due to the unsatisfactory and evasive answers provided by Ms. Sweeny, and based on the submissions of other parties, the Tribunal directed that it does not accept or recognize Ms. Sweeny as a duly and appropriately appointed Representative or Counsel for the Association.

5The Tribunal adjourned the CMC and directed parties to re-convene on March 23, 2023 for continuation of this third CMC. The Tribunal also set out its expectation that the Association needs to appropriately submit information to the Tribunal as per Rule 4.1 of the OLT Tribunal’s Rules of Practice and Procedure (“Rules”).

6At this continuation on March 23, 2023, after reminders and reaching out through other counsel, Ms. Sweeny joined the proceeding around 10:30 a.m. versus the scheduled start time of 10:00 a.m.

7The Tribunal acknowledged that it had received a resolution of the Association that allows any of the three Directors to be a Representative before the Tribunal in this proceeding.

8Ms. Sweeny was asked about the required form “Representative of a Party” per the OLT Rules. She later submitted this form, albeit incomplete – missing such contact information as a phone number, postal address of the Representative, etcetera. Ms. Sweeny has since been reminded through the Case Coordinator of providing complete contact information.

9The Tribunal Directs Ms. Sweeny to provide a fully completed form for “Representative of a Party” within four days of the issuance of this Decision.

10The Tribunal Directs that, should Ms. Sweeny fail to provide necessary information as requested, the Tribunal may dismiss Ms. Sweeny as a Representative for the Association without notice.

11In continuing the CMC, and to give the Association a final chance while continuing to participate in the Hearing matter and not jeopardize processing of the Hearing, the CMC on March 23, 2023 was continued, with Ms. Sweeny representing the Association, albeit with deficient required information for Representative of a Party.

12The draft Hearing Work Plan was reviewed at the CMC. During a detailed review, issues and objections were raised by the Applicant/Appellant to some of the planned witnesses put forth by the Association. The Tribunal reviewed it with all the Parties, and in consideration of their submissions directed the following changes in the possible plan of evidence and witnesses:

A. The Tribunal Directs that the following individuals/entities put forth by the Association do not meet bona-fide status to be witnesses and are excluded from the hearing:

1. Katrina Persad;
2. Cara Sweeny;
3. Irmina Ayuyao; and
4. Owner, Atlantic Auto Collision.

B. The Tribunal Directs that the following are the Association’s possible witnesses, and the Association is directed that where lay witnesses are being brought forward these work together and their number and times taken by each be further consolidated with any lay witness being limited to 30 minutes of Direct Examination time and 15 minutes of cross-examination time and five minutes of any reply to cross-examination if necessary. The four possible Association witnesses are:

[1] Michael Cude; [2] Cristina Costa; [3] Andrea Lothrop; and [4] Sang Lee.

13This Member is not seized but will provide Case Management support up to the next scheduled event in the processing of this matter.

14THE TRIBUNAL SO ORDERS the directions in this Decision.

“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.