ISSUE DATE: July 21, 2023

CASE NO(S).: OLT-22-004296

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 415 Broadview GP Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit 8-storey tower on top of an existing church building

Reference Number: 21 251348 STE 14 OZ

Property Address: 415 Broadview Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-22-004296

OLT Lead Case No.: OLT-22-004296

OLT Case Name: 415 Broadview GP Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 415 Broadview GP Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit 8-storey tower on top of an existing church building

Reference Number: 21 251348 STE 14 OZ

Property Address: 415 Broadview Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-22-004297

OLT Lead Case No.: OLT-22-004296

Heard: June 28, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

415 Broadview GP Inc.

Rodney Gill David Bronskill (in absentia)

City of Toronto

Matthew Longo Colin Dougherty

Neighbourhood Coalition of Lower Riverdale (“NCLR”)

Mark Sheeley* Tom Grant*

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JUNE 28, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Case Management Conference (“CMC”) was the third in these appeals which relate to applications filed by 415 Broadview GP Inc. (“Applicant”) regarding the failure of the City of Toronto (“City”) to make a decision within the timeframe prescribed in the Planning Act, to amend Official Plan and Zoning By-law relating to the lands municipally known as 415 Broadview Avenue in the City.

2The Applicant is proposing to redevelop the site with the construction of a 10-storey mixed-use building, specifically adding an eight (8) storey addition to the existing church building on the site.

3The purpose of this CMC is to finalize the draft Procedural Order (“PO”), the Issues List (“IL”), and to schedule the matter for the hearing of the merits of the appeals, which is anticipated to need ten days to fully address the matter.

PROCEDURAL ORDER AND ISSUES LIST

4The Tribunal reviewed the PO and IL provided by the Applicant on consent of the Parties. Counsel for the Applicant, Mr. Rodney Gill communicated to the Tribunal that an additional paragraph in the PO is being drafted regarding the potential consolidation of the possible heritage act application relating to the church building.

5The final draft of the Procedural Order (“PO”) and Issues List (“IL”), populated with all dates in accordance with the hearing dates provided below, was to be delivered to the Tribunal on consent of all Parties, for final review and approval on or before Friday, July 7, 2023.

6Subsequent to the conclusion of the CMC, the Tribunal received and reviewed a finalized PO and IL from the Parties on consent. The Tribunal finds the PO and IL are acceptable and attaches the PO, including the IL, to this Order as “Attachment 1”. The PO shall govern the proceedings leading up to and including the hearing of the merits.

HEARING DATES

7The Tribunal advised that 10 days are available for the hearing of the merits in respect of this matter. The ten (10) day video hearing of the Appeal will commence at 10:00 a.m. on Monday June 10, 2024 continuing to Friday June 21, 2024.

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.

9The CMC is scheduled to proceed by video as follows:

https://global.gotomeeting.com/join/719383509

Access Code: 719-383-509

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 as indicated above.

11Parties 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

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 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.

13The Panel Member is not seized.

14No further notice will be given.

15The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.

“Kurtis Smith”

KURTIS SMITH

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.

ATTACHMENT 1