Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 2023
CASE NO(S).: OLT-22-004285 OLT-22-004174
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 1500 Bayview Avenue Limited and BHL Properties Ltd. Subject: Application to amend the Zoning By-law – neglect to make a decision Description: To permit a nine-storey mixed-use building with 156 rental residential units. Reference Number: 20 210394 NNY 15 OZ Property Address: 1466-1500 Bayview Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004285 OLT Lead Case No: OLT-22-004285 OLT Case Name: 1500 Bayview Avenue Limited and BHL Properties Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 1500 Bayview Avenue Limited and BHL Properties Ltd. Subject: Site Plan Reference Number: 20 210395 NNY 15 SA Property Address: 1466-1500 Bayview Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004286 OLT Lead Case No: OLT-22-004285
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: CSG Yonge Manor Limited and CSG Hillsdale Limited, et al. Subject: By-law No. 595-2022 Description: To permit policies pertaining to Yonge and Eglington Secondary Plan Reference Number: Zoning By-law 595-2022 Property Address: Various Addresses in Toronto Municipality/UT: City of Toronto OLT Case No.: OLT-22-004174 OLT Lead Case No.: OLT-22-004174 OLT Case Name: CSG Yonge Manor Limited and CSG Hillsdale Limited v. Toronto (City)
Heard: February 23, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1500 Bayview Avenue Limited and BHL Properties Limited | Johanna Shapira |
| City of Toronto | Mark Crawford, Uttra Gautam |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 23, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a second Case Management Conference (“CMC”) on an appeal filed by 1500 Bayview Avenue Limited and BHL Properties Limited (“Applicants/Appellants”) against the City of Toronto (“City”) Council’s failure to make a decision related to a Zoning By-law Amendment (“ZBLA”) and Site Plan application concerning 1466-1500 Bayview Avenue (“Subject Lands”).
2The purpose of the Case Management Conference (“CMC”) was to receive status updates from both Parties to organize the hearing of these appeals.
3The Tribunal, differently constituted at the January 24, 2023 case management conference for OLT Case No. 22-004174, received a request on consent, to consolidate the appeal of Medallion Properties Inc., one of four Appellant Parties that appeal, with 1500 Bayview Avenue under Tribunal Case No. OLT-22-004285, to have the site specific appeal of By-law No. 595-2022 heard with the site specific appeal pursuant to s. 34(11) of the Planning Act.
4The Tribunal granted the consolidation of the appeals.
5The Tribunal heard an updated Planning Report will be submitted to the City for review by the end of March 2023 to which a third CMC was requested by the Parties to present all updates.
6The Parties further requested to set a date for a Hearing on the Merits of the appeals, four days were suggested.
7Subsequent to the consolidation request being granted, the Tribunal was advised that the City had accepted a settlement offer from the Applicant and therefore, the merit hearing dates were released and a date was scheduled to consider the settlement.
8No further notice will be given.
9The Member is not seized.
10So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI 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.