Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2023
CASE NO(S).: OLT-22-002465 (Formally) PL130592
PROCCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant(s): Multiple Appellants
Subject: By-law No. 569-2013
Municipality: City of Toronto
OLT Case No.: OLT-22-002465
Legacy Case No.: PL130592
OLT Lead Case No.: OLT-22-002465
Legacy Lead Case No.: PL130592
OLT Case Name: Bahardoust v. Toronto (City)
Heard: June 20, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
Marc Hardiejowski Gabe Szobel (in absentia)
Atlantic Packaging Products, The International Group Inc., and Irving Tissue Corporation
Calvin Lantz
RioCan Holdings Inc.
Matt Rutledge Joel Farber (in absentia)
Morguard Corporation, Suncor Energy Products, Torgan Management Inc., and Crown Realty II Limited Partnership
Mary Flynn-Guglietti
Morguard Investments Limited, 60 Bloor Equities Inc., and Revenue Properties Co. Ltd.
Eugenia Bashura Johanna Shapira (in absentia)
Samper Developments Ltd., Deltera Inc., Silvercore Inc., Minto Properties Inc., Ed Mirvish Enterprises Inc., 180 University Holding Inc., and Rogers Communications Inc.
Jamie Cole Cynthia MacDougall (in absentia)
D. Crupi
David White
The Governing Council of the Salvation Army
Leighton Zink Joseph Debono (in absentia) Christian Horizons (in absentia)
Toronto Catholic District School Board
Thomas Sanderson Steven O’Melia (in absentia) David Tang (in absentia) Jessie White (in absentia)
Greenhill Community Association
Linda Hong*
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon and D.S. Colbourne ON June 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a Case Management Conference (“CMC”) held on June 20, 2023, to provide the Tribunal with an update on the remaining appeals to the City of Toronto (“City”) comprehensive Zoning By-law No. 569-2013 (“ZBL 569”).
2An agenda containing brief updates on several appeals was provided by the City to the Tribunal in advance of the CMC.
STATUS UPDATES
Phases 3 and 4
3As determined in prior CMCs, the hearing in this matter has been divided into phases. The City advised the Tribunal that they have reached a settlement on the next phases, being Phases 3 and 4, and asked that the Tribunal set a date for the submission of motion materials to resolve these phases in writing.
4On consent of the Parties, the Tribunal set Wednesday, August 30, 2023 as the final date for the filing of motion materials in support of a settlement of Phases 3 and 4. For administrative purposes, the Tribunal has set Friday, September 15, 2023 as a written hearing date to consider the settlement motion.
Topic Specific Appeals
Parking
5A new City-wide parking by-law (“Parking By-law”) was passed in 2022, which may resolve a number of appeals to ZBL 569. The City advised that they are working with the remaining appellants to determine if any appeals can be withdrawn as a result of the Parking By-law.
Cemeteries
6The City advised that a number of issues pertaining to cemeteries in ZBL 569 are related to parking requirements, which may be impacted by the Parking By-law. The City is working with the relevant appellants to determine if any matters can be resolved.
Multi-Tenant Housing
7City Council adopted new multi-tenant housing By-laws 155-2023 and 156-2023, which resulted in the withdrawal of Appeal No. 35 to ZBL 569 by the Advocacy Centre for Tenants Ontario on April 3, 2023.
8The City is awaiting confirmation that another appeal pertaining to multi-tenant housing can be withdrawn.
Places of Worship
9The City advised that certain issues pertaining to places of worship will likely be resolved by the new Parking By-law. However, some issues will require further discussions that may result in the need for a hearing. The City is continuing to engage in discussions with the relevant appellants to determine next steps.
Propane Storage
10The City and the Canadian Propane Association continue to have ongoing discussions related to their appeals.
School Boards
11The City advised that there are several site-specific appeals with a variety of issues pertaining to the Toronto District School Board and the Toronto Catholic District School Board. City and school board staff are continuing discussions with the hope of advancing a number of resolutions.
Site-Specific Appeals
12One appeal has been resolved since the last CMC.
13The City is reviewing the remaining site-specific appeals to determine if any others can be resolved following site-specific approvals or the issuance of building permits.
Appeal No. 62 (65-67 Shuter Street and 159-177 Queen Street East)
14The City advised that they have reached a settlement on Appeal No. 62. With the consent of the appellant, they requested a date for the submission of motion materials to resolve the appeal in writing.
15The Tribunal set Friday, September 15, 2023 as the final date for the filing of motion materials in support of a settlement of Appeal No. 62. For administrative purposes, the Tribunal has set Friday, September 29, 2023 as a written hearing date to consider the settlement motion.
Appeal No. 70 (700 Lawrence Avenue West)
16City staff and the appellant, RioCan, are engaged in ongoing discussions to determine how this appeal can be resolved.
Appeal No. 128 (Triumphant Church of God in Canada)
17Following the CMC, the Tribunal received correspondence from counsel to the Triumphant Church of God in Canada withdrawing their appeal (Appeal No. 128) to these proceedings.
Appeal No. 234 (2015 Sheppard Avenue East, 275 Yorkland Road and 265 Yorkland Road; 68 Marine Parade Drive; 2151-2155 Lakeshore Boulevard West and 2161-2165 Lakeshore Boulevard West; 3460 St. Clair Avenue East)
18The City advised the Tribunal that Appeal No. 234 has been withdrawn.
Prior Appeal Resolutions
19In advance of the CMC, the Tribunal received correspondence from Ms. MacDougall, counsel for various appellants, advising that the following appeals were previously resolved and should therefore be removed from the list of outstanding or active appeals:
- Appeal No. 37: Silvercore Inc.
- Appeal No. 57: Samper Development Inc.
- Appeal No. 61: Deltera Inc.
- Appeal No. 196: 500 Bloor Street Properties Inc. (as agent for Ed Mirvish Enterprises Inc.)
- Appeal No. 209: Minto Properties Inc.
- Appeal No. 273: Rogers Communications Inc.
- Appeal No. 290: 180 University Holding Inc.
NEXT CMC
20The City suggested that a further CMC be scheduled in early November to provide the Tribunal with additional updates and/or potential settlements. The Tribunal has arranged for a subsequent CMC to be held via Video Hearing on Monday, November 6, 2023 at 10 a.m.
21Parties 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 Meeting Link: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
22Parties 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.
23Persons 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: +1 (647) 497-9373 or (Toll Free): 1-888-299-1889. The access code is as noted above.
24Individuals 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 Video Hearing 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.
ORDER
25THE TRIBUNAL ORDERS that a further CMC will be held by Video Hearing on Monday, November 6, 2023, commencing at 10 a.m.
26THE TRIBUNAL ORDERS that, with respect to the resolution of Phases 3 and 4 of these proceedings, motion materials be submitted to the Tribunal no later than Wednesday, August 30, 2023. A written hearing date has been scheduled for Friday, September 15, 2023.
27THE TRIBUNAL ORDERS that, with respect to the resolution of Appeal No. 62 to these proceedings, motion materials be submitted to the Tribunal no later than Friday, September 15, 2023. A written hearing date has been scheduled for Friday, September 29, 2023.
28There will be no further notice.
29This Panel is not seized.
“S. Dixon”
s. dixon
member
“D.S. Colbourne”
D.s. COLBOURnE
VICE CHAIR
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.