Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2023
CASE NO(S).: OLT-23-000276
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 21 Broadview Avenue Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and 15 three-storey townhouse units.
Reference Number: 21 210146 STE 14 OZ
Property Address: 21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000276
OLT Lead Case No.: OLT-23-000276
OLT Case Name: 21 Broadview Avenue Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 21 Broadview Avenue Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and 15 three-storey townhouse units.
Reference Number: 21 210146 STE 14 OZ
Property Address: 21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000277
OLT Lead Case No.: OLT-23-000276
Heard: September 15, 2023 by Video Hearing
APPEARANCES:
Parties Counsel
21 Broadview Avenue Inc. David Bronskill
City of Toronto Nathan Muscat Adam Ward
Riverside Community Group Ruby Kaliray
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON September 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by 21 Broadview Avenue Inc. (“Applicant/Appellant”) regarding the City of Toronto (“City") Council’s failure to make a decision regarding applications for an Official Plan Amendment (“OPA”) under s. 22(7) of the Planning Act (“Act”) and a Zoning By-law Amendment (“ZBLA”) under s. 34(11) of the Act, for the property municipally addressed as 21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street (“Subject Site”).
2The application proposes to amend the City’s Official Plan (“OP”) and applicable Zoning By-laws (“ZBL”) to permit a 12-storey mixed use building with an interior block of 15 three-storey townhouse units. A total of 340 residential units are proposed with 110 one-bedroom, 195 two-bedroom and 35 three-bedroom units. The development also proposes a public park on the majority of 344 Eastern Avenue.
3The Sworn Affidavit of Service dated August 16, 2023, related to the Notice, was marked as Exhibit 1.
PARTICIPANT AND PARTY STATUS REQUESTS
4In response to the Notice, the Tribunal received one Party status request. Ruby Kaliray, Counsel for Riverside Community Group (“Community Group”), advised that the Community Group was incorporated on September 5, 2023. She advised that the community members had an interest in the proceedings since they believe this redevelopment proposal will impact neighbouring properties, and that they understand their obligations in participating in the proceedings fully, including calling witnesses. Therefore, on consent of all Parties, the Tribunal finds the Community Group has an interest in these proceedings and grants it Party status.
5The Tribunal did not receive any Participant status requests; however, Carl Peterson was present and advised he wanted to submit a Participant Statement. The Tribunal advised him of the ten-day requirement to submit the Participant Statement prior to this CMC and asked if he was a Member of the Community Group, which he was not. The Tribunal advised Mr. Peterson to submit a Participant Statement through the Case Coordinator and that his statement would be reviewed at the next Hearing date.
Case Management Conference
6David Bronskill, Counsel for the Applicant/Appellant, provided a brief update on the current status of the application. All Parties suggested setting a Telephone Conference Call (“TCC”) at the end of October to allow for the City to get directions for this file from Council, which will review the appeal record when they meet between October 11 to October 13, 2023. Once the issues are narrowed, Mr. Bronskill advised they may be seeking a nine to 10 day Hearing in 2024, depending on the Parties’ witnesses and issues.
7Nathan Muscat, Counsel for the City, confirmed that Council was meeting between October 11 to October 13, 2023 to review the appeal record of this file. Mr. Muscat also advised that a TCC was a reasonable request.
8Ms. Kaliray also consented to a TCC in late October 2023.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal canvassed the Parties regarding the time needed to draft a Procedural Order (“PO”) and Issues List. Mr. Bronskill advised that setting a date after the Council meeting was reasonable for the City to define its issues. Ms. Kaliray advised that the timeline may be problematic with some of the Community Group’s planners; however, the Community Group will try and ensure the issues are narrowed and the timelines met. Therefore, the Tribunal directed that a draft PO be provided to the Case Coordinator no later than Thursday, October 26, 2023. Counsel for the Applicant/Appellant will coordinate and provide the draft PO to the Tribunal by the appointed date.
MEDIATION
10The Parties were advised that Tribunal-led mediation was available, and they indicated they are aware that they may request this mediation at their convenience.
TELEPHONE CONFERENCE CALL DATE
11The Tribunal finds a TCC date is reasonable, which will allow time for the Council to provide direction to counsel and for the Parties to narrow their respective issues and to set a Hearing date. Therefore, the Tribunal directs that a TCC will be held Monday, October 30, 2023, at 9 a.m.
12Parties and Participants are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13No further notice will be given.
14The Member is not seized of the matter, but subject to scheduling availability, may be spoken in regards to case management.
15The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE 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.