Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2023
CASE NO(S).: OLT-22-003932
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 221 Sterling Road Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a three building, 892 unit development.
Reference Number: 21 151444 STE 09 OZ
Property Address: 221-227 Sterling Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003932
OLT Lead Case No: OLT-22-003932
OLT Case Name: 221 Sterling Road Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 221 Sterling Road Holdings Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a three building, 892 unit development.
Reference Number: 21 151438 STE 09 SB
Property Address: 221-227 Sterling Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003933
OLT Lead Case No: OLT-22-003932
BEFORE: CARRIE HARDY MEMBER
) Thursday, the 5th ) day of October, 2023
THIS MATTER having been the subject of a case management conference held on August 31, 2022 and the Tribunal in its decision issued September 7, 2022 granting South Junction Triangle Grows Neighbourhood Association (“South Junction”) party status in the appeal;
AND WHEREAS THE TRIBUNAL having, by its Order issued August 3, 2023 issued a Procedural Order to govern the procedures leading up to and including the hearing scheduled to commence on Tuesday, October 17, 2023 at 10:00 AM for 9 days by video hearing;
AND WHEREAS THE TRIBUNAL having established the deadline for exchange of witness lists being September 5, 2023, and the deadline for exchange of witness statements being September 12, 2023;
AND WHEREAS South Junction having not provided the witness list or witness statements in accordance with the deadlines prescribed in the Procedural Order;
AND WHEREAS THE TRIBUNAL having directed a written response by South Junction to explain its failure to comply with the Procedural Order and reasons why it should be allowed to retain its party status;
AND WHEREAS THE TRIBUNAL having reviewed South Junction’s written response, and having determined in its letter dated October 5, 2023 that South Junction failed to submit sufficient reasons to the Tribunal to justify continued non-compliance with Tribunal orders and directions;
THE TRIBUNAL ORDERS that in accordance with Rule 1.7 of the Tribunal’s Rules of Practice and Procedure and Section 9 of the Ontario Land Tribunal Act South Junction Triangle Grows Neighbourhood Association’s party status in OLT-22-003932/OLT-22-003933 is revoked effective October 5, 2023.
THE TRIBUNAL FURTHER ORDERS that South Junction Triangle Grows Neighbourhood Association is granted participant status in OLT-22-003932/OLT-22-003933. The participant statement must be submitted to the Tribunal and circulated to Counsel on or before October 13, 2023.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR 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.