Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28,2023
CASE NO(S).: OLT-21-001606
PROCEEDING COMMENCED UNDER subsection 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 subsection 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: June 21, 2023 by video hearing
APPEARANCES:
Parties
Counsel
545 Eglinton LP Inc. (Skale Developments)
Matthew Lakatos-Hayward
City of Toronto
Sarah O-Connor Jessica Amey
Hoyle Residents Group
Jonathan Miller
Akelius Ltd.
Jamie Cole
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON June 21, 2023 AND ORDER OF THE TRIBUNAL
1This is the third Case Management Conference (“CMC”) respecting an appeal by 545 Eglinton LP Inc. (Skale Developments). The Appeal arises following a non-decision by the City of Toronto respecting an application for a Zoning By-law Amendment, as well as a refusal to allow an Official Plan Amendment, to permit the redevelopment of the lands located at 537-543 Eglinton Avenue East with a 21-storey, 128-unit residential building.
2The Tribunal was informed the day before the present hearing that the Appellant requests an adjournment as part of ongoing efforts to settle the matter. All of the Parties confirmed consent. Normally, such a request could be dealt with administratively by the Tribunal; however, due to the last-minute nature of the request, the Tribunal elected to have the matter heard as scheduled in order to ensure that those interested persons (of which there are many) understand the nature of the request and eventual outcome.
3The Tribunal granted the request, adjourned the matter, and orders a fourth CMC hearing to proceed by video on Friday, September 8, 2023 at 10 a.m.
4Parties 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://global.gotomeeting.com/join/442599157
Access Code 442-599-157
5Parties 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
6Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
7Individuals 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.
8The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS 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.