Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2023
CASE NO(S).: OLT-22-004882
PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990 P. 13, as amended
Applicant/Appellant: Eastway International Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development containing mid-rise buildings, low-rise buildings, and townhouses ranging from 3 to 11 storeys with a total of 496 units
Reference Number: 21 124969 NNY 18 OZ
Property Address: 172, 176, 180 Finch Avenue West, 1-33 Grantbrook Street and 303-313 Hendon Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004882
OLT Lead Case No: OLT-22-004882
OLT Case Name: Eastway International Inc. v. Toronto (City)
PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990 P. 13, as amended
Applicant/Appellant: Eastway International Inc.
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: To permit a residential development containing mid-rise buildings, low-rise buildings, and townhouses ranging from 3 to 11 storeys with a total of 496 units
Reference Number: 21 124969 NNY 18 OZ
Property Address: 172, 176, 180 Finch Avenue West, 1-33 Grantbrook Street and 303-313 Hendon Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004883
OLT Lead Case No: OLT-22-004882
OLT Case Name: Eastway International Inc. v. Toronto (City)
Heard: March 30, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative
Eastway International Inc.
Katarzyna Sliwa Max Reedijk
City of Toronto
Matthew Longo
Toronto Catholic District School Board
Tara Piurko
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON MARCH 30, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (CMC) regarding an Appeal by Eastway International Inc. (the “Applicant/Appellant”) for the failure or neglect of the City of Toronto (the “City”) to make a decision within the prescribed time period pursuant to s. 22(7) and 34(11) of the Planning Act. The Applicant/Appellant plans to undertake residential development containing mid-rise buildings, low-rise buildings, and townhouses ranging from 3 to 11 storeys with a total of 496 units. The site is Municipally known as 172, 176, 180 Finch Avenue West, 1-33 Grantbrook Street and 303-313 Hendon Avenue in the City.
2The Affidavit of Service for the Notice of the first CMC made by Andrea Paterson and sworn on March 1, 2023 was determined to be duly processed and was marked as Exhibit 1 for the record.
3The Toronto Catholic District School Board (TCDSB) was granted Party status on consent of the parties and justifying to have issues related to potential shadows and related matters as impacting their neighbouring property.
4The Tribunal also considered several requests for the granting of Participant status. With consent of the parties and having reviewed participant submissions the Tribunal granted Participant status to:
Steven Roth
Daryl Watts
Jackie Grossi
Alfonso Grossi
Shirin Kabani
Jacinta Kanakaratnam
Ron Waine
Amin Sheivari
5The parties reviewed possible issues that would need to be determined at a hearing. The Parties promised to provide the Tribunal with a draft Procedural Order (“PO”) on consent by June 15, 2023. The extended period required to finalize was justified to the Tribunal and accepted by the Tribunal due to the dependency of having the need for City Council’s direction. The Tribunal on receipt of the final draft would issue an approved PO to govern a future hearing.
6Based on the parties review of possible issues to be adjudicated and the witnesses to be called, the Parties requested that a hearing for a duration 15 days will suffice.
7The Tribunal set a hearing for a duration of 14 days to commence on Tuesday, February 20, 2024 at 10 a.m. The hearing would be held as a video conference.
Hearing Details
8Parties 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:
Link: https://meet.goto.com/558205565
Access code: 558-205-565
9Parties 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
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: (Toll Free) 1 888 299 1889 or +1 (647) 497-9373. The access code is same as mentioned above.
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 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.
12There will be no further Notice and this Member is not seized.
13This Member will provide case management support should any issues arise leading up to the hearing.
14The directions in this decision are so Ordered.
“Jatinder Bhullar”
JATINDER bhullar
MEMBER
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.