Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2023
CASE NO.: OLT-23-000146
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Camrost Felcorp Investments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 40-storey mixed-use tower consisting of residential units, office space and retail space
Reference Number: 22 176960 STE 12 OZ
Property Address: 181 - 191 Eglinton Avenue E
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000146
OLT Lead Case No: OLT-23-000146
OLT Case Name: Camrost Felcorp Investments Inc. v. Toronto (City)
Heard: July 10, 2023, by Video Hearing
APPEARANCES:
Parties
Counsel
Camrost Felcorp Investments Inc.
D. Angelucci and M. Foderick (in absentia)
181 Eglinton Ave. East
C. Tanzola and R. Barron (Student-at-Law)
City of Toronto
M. Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON JULY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter is before the Tribunal as a Case Management Conference (“CMC”) on an appeal pursuant to s. 34(11) of the Planning Act (“Act”) for the refusal or neglect to make a decision by the City of Toronto (“City”) relating to an application at the address known as 181 - 191 Eglinton Avenue East (“Subject Properties”) by Camrost Felcorp Inc. and 181 Eglinton Ave. East (“181 Eglinton) (together the “Applicants/Appellants”).
2The Appellants are seeking approval of a 40-storey mixed use residential tower with a total gross floor area of 35,465 metres square (“m2”), including 31,425 m2 of residential space, 3,467 m2 of office space, and 573 m2 of retail space, and vehicular access from Brownlow Avenue.
3The Affidavit of Service regarding the notice of hearing by Robert Daniel Edward Jefferson sworn on June 23, 2023 is marked as Exhibit 1.
STATUS REQUESTS AND HEARING ISSUES
4A written and oral request for Party Status was considered at the hearing from Christopher Tanzola as Counsel on behalf of the co-Applicant known as 181 Eglinton. As the owner of the western portion of the Subject Properties, Mr. Tanzola requested Party Status to ensure that it is kept apprised of any modifications or revisions to the proposed development through the appeal process. He advised that his client is also interested in the issues that may be raised in the proceeding, whether by the municipality or by other parties/participants in an effort to assist the Tribunal in its consideration of the matter. Furthermore, Mr. Tanzola qualified their involvement as “akin to a watching brief,” and he assured the Tribunal that there will not be any duplicity in their efforts as co-Applicants in the hearing process.
5Mr. Angelucci does not object or advise of any concerns regarding this request for status by 181 Eglinton, however, there is some concern noted from Counsel for the City related to the question of redundancy and the duplication of effort in the process.
6While such a request may not be a common occurrence, the Tribunal is satisfied that the Party Status request will not and should not complicate the hearing of the matter, and in fact, may assist the Tribunal in its consideration of the appeal. Therefore, the Tribunal directs that Party Status is conferred on 181 Eglinton.
7There are no other Party Status requests.
8The Toronto Lands Corporation (“TLC”) on behalf of the Toronto District School Board (“TDSB”) submitted a written request for Participant Status as represented by Matt Bagnall, Senior Planner, and Bianca Bielski (in absentia) as Director of Planning on behalf of TLC. There are no objections from any of the Parties to this request and the Tribunal confers Participant Status on the TLC.
9A further written request for Participant Status was submitted to the Tribunal by the South Eglinton Davisville Residents Association (“SEDRA”) signed by Jane Auster, co-President of this group. There are also no objections from any of the Parties to this request and the Tribunal confers Participant Status on SEDRA as represented by Ms. Auster.
10There were no other Participant Status requests.
11The Parties confirmed that there was the recent exchange of a draft Procedural Order (“PO”) and Issues List (“IL”) within the past two to three weeks, however a final PO/IL could not be formally confirmed by Counsel for the City, as it requires formal City of Toronto Council approval which is expected to be finalized at the scheduled Council meeting of October 11, 2023.
12Despite the challenge associated with the rather extended period between the City of Toronto Council meeting, the Parties agreed to submit to the Tribunal a draft PO/IL on or before August 31, 2023, which facilitates the Tribunal’s efforts in scheduling a hearing date for the matter and is expected to govern the proceedings of the hearing determined in this Order.
13After careful consideration relating to the availability of Parties, the number of possible witnesses, and an extended opportunity for Parties to submit a draft PO/IL on or before August 31, 2023, a hearing date was confirmed by the Tribunal and scheduled to commence on Monday February 12, 2024 at 10:00 a.m. to Friday February 23, 2024 for a total of nine-days (Note: February 19, 2024 is a Statutory Holiday).
14Parties 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:
GoTo Conference Link: https://meet.goto.com/943363669
Access code: 943-363-669
15Parties 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
16Persons 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 same as mentioned above.
17Individuals 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.
18The Tribunal is encouraged that Parties are continuing to dialogue and scope issues to help minimize the time needed for a hearing. Parties are also encouraged to seek Tribunal assisted mediation if mutually agreeable and alternatively, if there is the prospect of a possible settlement of the matter, Parties are advised to keep the Tribunal apprised of this and any new information by contacting the Case Management Coordinator.
ORDER
19THE TRIBUNAL ORDERS that a hearing of this matter is scheduled to commence on Monday February 12, 2024 for a period of nine-days by video conference.
20THE TRIBUNAL FURTHER ORDERS that a Draft Procedural Order and Issues List shall be submitted to the Tribunal on or before August 31, 2023 and, once finalized, shall govern the hearing proceedings on the above date stipulated in this Order.
21THE TRIBUNAL FURTHER ORDERS that:
Party Status is conferred on 181 Eglinton Avenue East.
Participant Status is conferred on the Toronto Lands Corporation.
Participant Status is conferred on the South Eglinton Davisville Residents Association.
22The Member is not seized of this matter.
23No further notice will be provided.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.