ABC Eglinton LP v Toronto (City), 2024 CanLII 101408

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 8, 2024

CASE NO(S).: OLT-24-000731

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

Applicant and Appellant: ABC Eglinton LP

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

Description: To permit redevelopment of the Property for a 19-storey mixed-use development.

Reference Number: 23 127502 NNY 08 OZ

Property Address: 444-466 Eglinton Avenue West

Municipality: Toronto

OLT Case No.: OLT-24-000731

OLT Lead Case No.: OLT-24-000731

OLT Case Name: ABC Eglinton LP 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: ABC Eglinton LP

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

Description: To permit redevelopment of the Property for a 19-storey mixed-use development.

Reference Number: 23 127502 NNY 08 OZ

Property Address: 444-466 Eglinton Avenue West

Municipality: Toronto

OLT Case No.: OLT-24-000732

OLT Lead Case No.: OLT-24-000731

Heard: September 27, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
ABC Eglinton LP	Rodney Gill, David Bronskill (in absentia)
City of Toronto	Jamie Dexter, Kasia Czaijkowski
Cathy Rodrigues	Daniel Angelucci, Michael Froderick (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED ON SEPTEMBER 27, 2024, BY S. DEBOER AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The Tribunal convened a Case Management Conference (“CMC”) with respect to the Appeals by ABC Eglinton LP pursuant to s. 22(7) and 34(11) of the Planning Act due to the City of Toronto’s (“City”) failure to make a decision within the statutory timelines pertaining to the Appellant’s Official Plan Amendment Application and the Zoning By-law Amendment Application.

2The municipal addresses pertaining to the appealed Applications are 444-466 Eglinton Avenue West (“Subject Lands”) in the City of Toronto.

3The purpose of the Applications is to permit the redevelopment of the Subject Lands for a 19-storey mixed-use development including approximately 185 residential units and approximately 419.9 square metres of at-grade retail space.

4The Affidavit of Service by Rochelle Vasquez dated September 11, 2024, was marked as Exhibit 1 to the hearing.

PARTY REQUESTS

5Cathy Rodrigues had filed with the Tribunal, prior to the CMC, her request for Party Status. Ms. Rodrigues owns the property directly adjacent to the Appellant. After discussion with her Counsel and the other Parties, the Tribunal ruled that Ms. Rodrigues would be granted Party Status for the matter before the Tribunal. No other persons requested to be a Party to the matter.

PARTICIPANT REQUESTS

6Prior to and during the CMC, the Tribunal received and approved the following Participant requests:

• Alison Phillips
• Gerri Richman
• James and Rebecca Norman
• Lauren Goldberg
• Michelle Zorn
• Peter Danson
• Susan Levin
• Luke Slan
• Reza Moazezi

OPPORTUNITIES FOR RESOLUTION

7The Parties stated that discussions have not occurred at this time, and it is too early in the process to discuss any form of mediation. However, the Parties are aware of the availability of Tribunal-led mediation.

PROCEDURAL ORDER AND ISSUES LIST

8The City stated that it had not received instructions from Council concerning a finalized Procedural Order. The Appellant’s Applications are being brought to Council for its meeting on November 13 to 15, 2024. The City stated that once Council gives its instructions, a finalized Issues List could be presented to the Tribunal within five business days if it is required.

9The Appellant argued that the Applications were deemed complete in January 2024, and that the City has had more than enough time to review and make a decision on the Applications. The Appellant requested that a 10-day hearing date be scheduled for mid-spring 2025.

10The Tribunal ruled that the scheduling of a 10-day hearing would be prudent, however, those dates would only be held temporarily. Due to the availability of the Planner on this file for the City, the Tribunal was able to secure a 10-day hearing period starting June 17, 2025. The Tribunal would finalize these dates once it receives and approves the Procedural Order and Issues List. The City stated that the Procedural Order would be produced and sent to the Tribunal no later than November 22, 2024. The Tribunal scheduled a second CMC to occur for the purpose of reviewing and approving of the Procedural Order. The CMC is scheduled to occur on November 27, 2024, by Video Hearing.

SCHEDULING OF THE HEARING

11The Tribunal has scheduled a second CMC to occur by Video Hearing commencing on Wednesday, November 27, 2024, at 10 a.m.

12The Tribunal has scheduled a Hearing of the Merits, on an interim basis, to occur by Video Hearing commencing on Tuesday, June 17, 2025, at 10 a.m. for a duration of 10 days.

13The hearings are scheduled to proceed by video as follows:

Wednesday, November 27, 2024 GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access Code: 927-921-077

Tuesday, June 17, 2025 GoTo Meeting: https://global.gotomeeting.com/join/442599157 Access Code: 442-599-157

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:

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: +1 (647) 497-9391 or Toll-Free: 1 888 455 1389. The access code is as indicated 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 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

18THE TRIBUNAL ORDERS THAT a second CMC will occur on Wednesday, November 27, at 10 a.m. by Video Hearing for the purpose of finalizing and approving the Procedural Order.

19THE TRIBUNAL ORDERS THAT a ten (10) day hearing has been temporarily scheduled by Video Hearing commencing on Tuesday June 17, 2025, at 10 a.m.

“Steve deBoer”

STEVE DEBOER MEMBER

Ontario Land Tribunal Website: 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.