Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 06, 2023
CASE NO(S).:
OLT-22-004851
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Sanderling Developments Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit development of a 32-storey mixed-use building with 249 residential units
Reference Number:
21 219614 NNY 15 OZ
Property Address:
586 Eglinton Avenue East
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-22-004851
OLT Lead Case No.:
OLT-22-004851
OLT Case Name:
Sanderling Developments Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Appellant:
Sanderling Developments Limited
Subject:
Site Plan
Description:
To permit development of a 32-storey mixed-use building with 249 residential units
Reference Number:
21 237238 NNY 15 SA
Property Address:
586 Eglinton Avenue East
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-22-004852
OLT Lead Case No.:
OLT-22-004851
OLT Case Name:
Sanderling Developments Limited v. Toronto (City)
Heard:
June 26, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Sanderling Developments Limited
David Bronskill
City of Toronto
Sarah O’Connor
Jessica Amey
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON JUNE 26, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises from the second Case Management Conference (“CMC”) held in preparation for a hearing of the merits of the Appeal by Sanderling Developments Limited (the “Appellant”) pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes for the proposed Zoning By-law Amendment (“ZBA”) and Site Plan Application (“SPA”).
2The purpose of this CMC was to examine and approve the draft Procedural Order (“PO”) for the purposes of governing the merits hearing.
3The proposed applications are requesting to permit a development of a 32-storey mixed-use building with 249 residential units.
4The location of the Subject Property is 586 Eglinton Avenue East in the City. The Subject Property is located on the north side of Eglinton Avenue East, approximately 167 metres (“m”) west of Bayview Avenue. The Subject Lands are rectangular in shape with an approximate area of 1,645.20 square metres (“m2”). The Subject Lands have a frontage of approximately 38.53 m on Eglinton Avenue East with a depth of approximately 42.65 m.
5Currently on the Subject Property is an 8-storey commercial office building with driveway access on Eglinton Avenue East.
6The Affidavits of Service by Hadassah Patrie were marked as Exhibit 1 and Exhibit 2 in the last hearing event.
7The Parties have requested a “phased” hearing process. The Parties have requested that the ZBA application be heard prior to the SPA with the intention of reducing the SPA issues once a decision on the ZBA if finalized. This process was approved at the previous CMC.
PARTY REQUESTS
8The Tribunal did not receive any further Party requests at this CMC. However, it is noted that the Appellant has new representation and is now represented by Mr. Bronskill. Neither the City nor the Tribunal had an issue with the change in representation for this matter.
PARTICPANT REQUESTS
9The Tribunal did not receive any further Participant requests or statements prior to, or at, the CMC.
PROCEDURAL ORDER AND ISSUES LIST
10Prior to the CMC, the Parties filed a draft PO to the Tribunal. The Tribunal discussed with the Parties the proposed PO and the lack of an agreed upon Issues List. The City advised the Tribunal that the finalization of the agreed upon Issues List is forthcoming. The Issues List may not be finalized until final instructions have been receive from City Staff. The Parties agreed that the City is to submit the Issues List by December 19, 2023.
11Mr. Bronskill advised the Tribunal that there are active discussions occurring between the Parties and that privately led mediation has commenced to narrow the scope of the issues or to potentially finalize a settlement on the matter.
12The Tribunal requested for the Parties to add a paragraph into the PO stating that the Issues List is to be finalized and submitted to the Tribunal by December 19, 2023. The Parties resubmitted the PO with the added paragraph and the Tribunal now approves the contents of the PO to govern the forthcoming proceedings.
13The Tribunal requested that, in addition to the Issues List being submitted by December 19, 2023, the Parties give an update to the Tribunal concerning the progress of a potential settlement. If a settlement is to be presented at the next CMC, the parties are directed to advise the Tribunal of such a settlement