Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2023
CASE NO(S).: OLT-23-000225
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Starbank Developments 36 Corp.
Subject: Zoning By-law Amendment Application – failure to make a decision
Description: To permit an 11-storey residential building
Reference Number: 21 240661 ESC 21 OZ
Property Address: 36-40 Ellesmere Road
Municipality: City of Toronto
OLT Case No.: OLT-23-000225
OLT Lead Case No.: OLT-23-000225
OLT Case Name: Starbank Developments 36 Corp. v. Toronto (City)
Heard: July 7, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Starbank Developments 36 Corp.
Mary Flynn-Guglietti
City of Toronto
Daniel Elmadany
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JULY 7, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”). The Appeal under s. 34(11) of the Planning Act has been made by Starbank Developments 36 Corp. (“Appellant”). The Appellant states that the City of Toronto (the “City”) failed to make a decision regarding an application by the Appellant for the approval of a Zoning By-law Amendment in reference to their property located at and municipally known as 36-40 Ellesmere Road, in the City (“subject site").
2The Appellant proposes to develop an 11-storey building for mainly residential uses consisting of approximately 187 condominium units.
3The Affidavit of Service of the Notice for the CMC sworn by Jocelyn Lee, dated June 12, 2023, was reviewed and determined to have been duly made and the service duly effected. This Affidavit of Service on file with the Tribunal was marked as Exhibit 1 for the record.
4It was also determined, at the CMC, that no requests were received for the granting of Participant or additional Party Status and consequently, none were granted.
5The Appellant provided a draft Procedural Order (“PO”) to the Tribunal. The Issues List (“IL”) from the City was not included. The City informed the Tribunal that they are still pending City Council direction in this regard.
6The Parties jointly shared optimism that the matter could be resolved with time or at a minimum, the number of issues could be reduced. The Tribunal informed the Parties about Tribunal-led Mediation services and how it may assist.
7Overall, the Parties requested that a second CMC be set in the fall of 2023. At that time, the Parties will jointly bring forth a draft PO or alternately, seek a hearing regarding a settlement. The Tribunal shared its concern and reluctance to set series of CMCs versus expeditiously determining matters before it. However, given the submissions and further inputs by both Parties, the Tribunal determined that a setting of a second CMC, in this matter, was appropriate.
8The Tribunal directs that a second CMC is scheduled to proceed by video on Tuesday, November 14, 2023, commencing at 10 a.m.
9Parties 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/709076365
Access code: 709076365
10Parties 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
11Persons 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 (647) 497-9373. The access code is indicated above.
12Individuals 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 CMC 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.
13There will be no further notice.
14This Member is not seized but may be approached for any Case Management matters or issues should a need arise prior to the Case Management Conference on Tuesday, November 14, 2023.
15The 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.