Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 16, 2024
CASE NO(S).:
OLT-22-002465
(Formerly PL130592)
PROCEEDING 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:
November 4, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
Gabe Szobel
Ariel Lo-Wong
Amrit Sandhu
Morguard Investments Limited;
Johanna Shapira
60 Bloor Equities Inc.; and
Revenue Properties Company Limited
Morguard Corporation;
Patrick Pinho
Suncor Energy Products Inc.; and
Mary Flynn-Guglietti (in absentia)
Torgan Management Inc.
Brovi Investments Limited
Patrick Harrington
Mondelez Canada Inc.
Mithea Murugesu
Kim Mullin (in absentia)
Toronto District School Board
Bruce Engell
Arrowdale Development Ltd.,
Sidonia Tomasella
Arrowdale In Trust and Loring Development Ltd.
The Governing Council of the Salvation Army in Canada; and
Max Reedijk
Karis Disability Services (formerly Christian Horizons)
Joseph Debono (in absentia)
Atlantic Packaging Products Ltd.;
Calvin Lantz
The International Group, Inc.;
Campbell Company of Canada;
217 Adelaide Holding Limited; and
Canadian Propane Association
GWL Realty Advisors Inc.
Adrian Frank
Jason Park (in absentia)
Unity Health Toronto; and
Jamie Cole
York University
Cynthia MacDougall (in absentia)
Toronto Catholic District School Board
Steven O’Melia
Mount Pleasant Group of Cemeteries
Stephen D’Agostino
Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada; and Catholic Cemeteries – Archdiocese of Toronto
Noah Gordon
David Tang (in absentia)
Jessie White (in absentia)
Greenhill Community Association
Linda Hong*
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON November 4, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a further case management conference (“CMC”) held to provide the Tribunal with an update regarding multiple remaining appeals filed in response to the passing of the City of Toronto (“City”) comprehensive Zoning By-law No. 569-2013 (“By-law 569”).
2An agenda containing brief updates on several appeals was provided to the Tribunal by the City in advance of the CMC.
STATUS UPDATES
Parking
3These appeals pertain to parking regulations found at Chapters 5, 10, 15, 30, 40, 50, 60, 200, and 230 (including long-term bicycle parking space locations) of By-law 569.
4To date, the parking regulations appeals specifically found at Chapter 200 of By-law 569 have been referred to by the Tribunal as the Phase 7 appeals. The parking regulations found outside of Chapter 200 are not part of the Phase 7 appeals.
5Section 200.15 of By-law 569, accessible parking regulations, was adopted by City Council as By-law No. 579-2017 (“By-law 579”) and subsequently appealed to the Tribunal. While not part of the By-law 569 appeals (nor have the two cases been consolidated), the City advised the Tribunal that there have been parallel discussions between the appellants for By-law 569 and By-law 579 given the overlap between the two by-laws.
6On August 24, 2023 and April 16, 2024, counsel for the City wrote to counsel for the various appellants requesting that they provide status updates regarding their clients’ appeals to the parking regulations. Some appeals were withdrawn following the November 6, 2023 CMC and the May 7, 2024 CMC.
7On October 22, 2024, counsel for the City wrote to counsel for the various appellants, again requesting that they provide status updates regarding their clients’ appeals to the parking regulations.
8At the November 4, 2024 CMC, counsel for the City advised the Tribunal that Appeal No. 206 by Rosedale Equities Limited had been withdrawn. The City also advised that three appeals to By-law 579 had been withdrawn.
9Finally, the City advised the Tribunal that they are engaged in settlement discussions with Mondelez Canada Inc. (Appeal No. 272) and that they have received materials from same in support of a resolution.
Cemeteries
10The City advised the Tribunal that they are engaged in ongoing settlement discussions with the Mount Pleasant Group of Cemeteries (Appeal No. 76) and are finalising a resolution.
Propane Storage
11The City is engaged in separate ongoing settlement discussions with the Canadian Propane Association (Party A) and with Suncor Energy Products Inc. (Appeal No. 77).
Places of Worship
12Counsel for the Roman Catholic Episcopal Corporation (Appeal No. 50) has reached out to the City and the parties are hoping to re-engage in discussions.
School Boards
13The City, on consent of the Toronto District School Board (Appeal No. 13) and the Toronto Catholic District School Board (Appeal No. 265), brought forward a partial settlement motion in writing on September 16, 2024 that was approved by the Tribunal on September 25, 2024.
14The parties are engaged in discussions to work towards a further resolution(s) of the remaining appeals.
Site Specific Appeals
Appeal 38 – Silvercore Properties Inc. (3266-3288 Weston Road)
15A settlement between the City and Appellant No. 38 was approved by the Tribunal on October 18, 2024.
Appeal 70 – Lawrence Square (700 Lawrence Avenue West)
16The City and Appellant No. 70 are engaged in discussions regarding this appeal.
Appeals 150 and 182 – Midland Corporate Centre Ltd. and Samuel Sarick Limited
17Appellant Nos. 150 and 182 have active appeals related to the City’s Official Plan Amendment No. 231 and are currently engaged in settlement discussions related thereto. The Tribunal was informed that the outcome of those matters will influence the By-law 569 appeals.
Appeals 165 and 166 – The Governing Council of the Salvation Army
18Counsel for Appellant Nos. 165 and 166 recently wrote to the City advising that they are seeking further instructions from their client regarding a potential settlement proposal.
Appeal 167 – Karis Disability Services (formerly Christian Horizons)
19Counsel for Appellant No. 167 recently wrote to the City advising that they are seeking further instructions from their client regarding a potential settlement proposal.
Appeal 210 – Harry Klaczkowski (133 and 141 Queen Street East and 128 Richmond Street East)
20The City and Appellant No. 210 are engaged in discussions regarding this appeal.
Appeal 211 – Unity Health Toronto (formerly St. Michael’s Hospital)
21Counsel for Appellant No. 211 has provided the City with a settlement offer for their consideration.
Appeal 232 – Arrowdale Development Ltd., Arrowdale In Trust, and Loring Development Ltd.
22A three-day hearing on the merits of Appeal No. 232 was scheduled to commence on November 20, 2024. However, at the CMC, counsel for Appellant No. 232 advised the Tribunal that they were finalising settlement materials with the City and requested that the three-day hearing on the merits of the appeal be converted into a one-day hearing on the merits of the settlement.
23The Tribunal agreed with this approach and, following the conclusion of the CMC, advised the Parties that the three-day hearing on the merits would be released and replaced with a one-day video hearing commencing Thursday, November 21, 2024 at 10 a.m. to consider the merits of the settlement.
Appeal 247 – Brovi Investments Limited (3875 Keele Street)
24The City and Appellant No. 247 are engaged in discussions regarding this appeal.
Appeal 276 – York University Glendale Campus (2275 Bayview Avenue)
25Counsel for Appellant No. 276 has provided the City with a settlement offer for their consideration.
NEXT STEPS
Future Dismissal Motion
26The City advised the Tribunal and Parties that the City intends to advance a motion to dismiss all appeals, including Phase 7 appeals, to which the appellants have not responded to the City’s requests to scope and/or identify issues for the purpose of scheduling a hearing on the merits.
27While the City did not have an exact date by which they expected to file the motion for dismissal, they wanted to ensure that the Tribunal and the Parties were aware that the motion is forthcoming, following repeated attempts to contact certain appellants.
Next CMC
28The City requested that the Tribunal schedule a one-day CMC in approximately six months time, at which point the City and the Parties will be able to provide the Tribunal with a further status update.
29The Tribunal agreed with this approach and scheduled a one-day CMC to proceed by video on Thursday, May 1, 2025 at 10 a.m. Should the CMC not proceed as scheduled, the Parties are directed to provide the Tribunal with a written status update on the remaining appeals.
30Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
31Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
32Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling into an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 687-587-165.
33Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
Appeal Tracking Chart
34In advance of the CMC, the City provided the Tribunal with a chart listing each appellant, their counsel, and the type and status of each appeal (“Appeal Tracking Chart”). At the CMC, counsel for the City advised that the Appeal Tracking Chart required additional changes, which were subsequently provided to the Tribunal on November 14, 2024 and December 4, 2024.
35For ease of reference and information purposes, a simplified version of the Appeal Tracking Chart has been attached to this Decision and Order as Schedule 1.
36Where the Appeal Tracking Chart contains yellow highlighting, the relevant parties are hereby directed to provide the missing information to the Tribunal in advance of the May 1, 2025 CMC.
ORDER
37THE TRIBUNAL ORDERS that counsel for the City of Toronto provide the Tribunal with a status update on the remaining appeals by no later than Thursday, May 1, 2025.
38THE TRIBUNAL ORDERS that the relevant parties provide the Tribunal with the outstanding information (highlighted in yellow) contained in Schedule 1 to this Order by no later than Thursday, May 1, 2025.
“S. Dixon”
s. dixon
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.
SCHEDULE 1
APPELLANTS AND NON-APPELLANT PARTIES TO OLT-22-002465
City of Toronto Comprehensive Zoning By-law No. 569-2013
Appellants
No.
Appellant
Counsel/Agent*
Appeal Type
2
Morguard Corporation
Mary Flynn-Guglietti;
Kailey Sutton;
Patrick Pinho
Site Specific
3
Settled (letter dated February 2, 2016)
4
Withdrawn (letter dated February 10, 2015)
5
Robert B. Statton
Robert B. Statton
Topic Specific
Area Specific
6
Metropolitan United Church
Neil M. Smiley
Site Specific
13
Toronto District School Board
Bruce Engell
Topic Specific
14
Curlew Developments Inc.
Mark Kemerer
Site Specific
15
Ontario Power Generation
Andrew Jeanrie
Site Specific
17
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
18
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
19
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
20
Withdrawn (letter dated August 16, 2023)
21
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
22
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
23
Renate Pammer
Site Specific
24
The International Group, Inc.
Calvin Lantz
Site Specific
25
The International Group, Inc.
Calvin Lantz
Site Specific
26
Withdrawn (letter dated December 18, 2023)
27
Withdrawn (letter dated September 28, 2016)
28
Greey Realty Holdings Limited
Richard R. Minster
Site Specific
29
Greey Realty Holdings Limited
Richard R. Minster
Site Specific
30
Withdrawn (letter dated November 7, 2024)
32
Withdrawn (letter dated January 8, 2024)
33
Withdrawn (letter dated January 8, 2024)
35
Advocacy Centre for Tenants Ontario
Douglas Kwan
Topic Specific
Note: Rooming House appeal withdrawn (letter dated April 3, 2023). Appeal active for Group Home Regulations.
37
Resolved based on visitor parking provisions (letter dated June 19, 2023)
38
Withdrawn (OLT Order issued October 18, 2024)
50
Roman Catholic Episcopal Corporation
David Tang;
Jesse White;
Noah Gordon
Site Specific
Topic Specific
53
Withdrawn (letter dated January 6, 2016)
55
Withdrawn (letter dated September 29, 2023)
56
Cowie Brothers Leaseholds
Joel D. Farber
Site Specific
57
Resolved based on visitor parking provisions (letter dated June 19, 2023)
61
Resolved based on visitor parking provisions (letter dated June 19, 2023)
62
Resolved (letter dated May 6, 2024)
63
Withdrawn (letter dated March 8, 2018)
67
Withdrawn (letter dated July 4, 2016)
70
Lawrence Square
Joel Farber
Site Specific
73
St. Leonard's Society of Toronto
N. Jane Pepino
Site Specific
76
Mount Pleasant Group of Cemeteries
Stephen D'Agostino
Site Specific
Topic Specific
77
Suncor Energy Products Inc.
Mary Flynn-Guglietti;
Kailey Sutton
Site Specific
Topic Specific
82
Withdrawn (letter dated April 19, 2024)
83
Settled (OLT Order issued February 3, 2016)
84
Greenhill Community Association
Linda Hong*
Area Specific
85
60 Bloor Equities Inc.
Johanna Shapira
Site Specific
86
Revenue Properties Company Limited
Johanna Shapira
Site Specific
88
Park Smart Inc Epic Parking Control Services Inc
Konstantine Stavrakos
Topic Specific
91
Coco Paving Inc.
Adam Brown;
Jessica Smuskowitz;
Sean Brown
Site Specific
92
Resolved through site specific rezoning for 36-60 McCaul Street (project constructed)
93
Withdrawn (letter dated November 19, 2019)
95
Withdrawn (letter of October 13, 2016)
96
Withdrawn (letter of October 13, 2016)
97
Withdrawn (letter of October 13, 2016)
98
Settled/Withdrawn (February 2, 2016)
99
Torgan Management Inc.
Mary Flynn-Guglietti;
Kailey Sutton
Site Specific
100
Crown Realty II Limited Partnership
Lauryn Pittana
Site Specific
103
Withdrawn (letter of March 11, 2015)
107
1217861 Ontario Limited
David White
Site Specific
108
258 Attwell Drive Limited
David White
Site Specific
109
1585168 Ontario Inc.
David White
Site Specific
110
Red Banner Developments Limited
David White
Site Specific
111
1182929 Ontario Inc.
David White
Site Specific
113
Dundas Real Estate Investments
Marc Kemerer
Site Specific
114
Nashdene Court Ltd.
Marc Kemerer
Site Specific
115
Zane Properties & 1226567 Ontario Inc.
Marc Kemerer
Site Specific
123
Withdrawn (letter dated January 29, 2020)
124
Withdrawn (letter dated January 29, 2020)
125
Withdrawn (letter dated January 29, 2020)
126
Withdrawn (letter dated January 29, 2020)
127
Withdrawn (letter dated January 29, 2020)
128
Withdrawn (letter dated June 30, 2023)
129
Withdrawn (letter dated November 3, 2023)
130
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
131
Settled (OLT Order issued November 30, 2022)
132
Colville Developments Ltd. and North Park Shopping Centres Ltd.
David Bronskill
Site Specific
133
Robert Fish
David Bronskill
Site Specific
143
Allied Properties REIT
Kim Kovar
Site Specific
Note: Appeal for 555 Richmond Street West withdrawn (letter dated April 28, 2016). Appeal active for 543 Richmond Street West only.
150
Midland Corporate Center Ltd.
Katarzyna Sliwa;
Isaiah Banach;
Michael James
Site Specific
158
Arsandco Investments Limited
Patrick J. Devine
Site Specific
161
The Goldman Group
Jason Park
Site Specific
165
The Governing Council of the Salvation Army
Joseph Debono;
Max Reedijk
Site Specific
Topic Specific
166
The Governing Council of the Salvation Army
Joseph Debono;
Max Reedijk
Site Specific
Topic Specific
167
Karis Disability Services (formerly Christian Horizons)
Joseph Debono;
Max Reedijk
Site Specific
Topic Specific
170
Burnac Holdings Limited
Jason Park
Site Specific
181
Baby Point Heritage Foundation
David Bronskill
Area Specific
182
Samuel Sarick Limited
Katarzyna Sliwa;
Isaiah Banach;
Michael James
Site Specific
184
Sun Life Assurance Company
Patrick J. Devine
Site Specific
196
Withdrawn (letter dated June 19, 2023)
203
Withdrawn (letter dated November 11, 2024)
204
Withdrawn (letter dated November 11, 2024)
205
Withdrawn (letter dated November 11, 2024)
206
Withdrawn (letter dated August 25, 2023 and October 25, 2024)
207
Withdrawn (letter dated November 11, 2024)
208
Sandra Melville
Sandra Melville*
Area Specific
209
Resolved based on visitor parking provisions (letter dated June 19, 2023)
210
Harry Klaczkowski - 133 and 141 Queen St. East and 128 Richmond St. E
Anne Posno;
Max Klaczkowski*
Topic Specific
Site Specific
211
Unity Health Toronto (formerly St. Michael's Hospital)
Cynthia A. MacDougall
Site Specific
212
Withdrawn (letter dated May 5, 2022)
213
Withdrawn (letter dated December 9, 2022)
216
H&R REIT
Patrick Devine
Site Specific
218
Settled (OLT Order issued June 17, 2022)
219
1428272 Ontario Limited
Angelo Delfino
Site Specific
220
Settled (OLT Order issued January 20, 2022)
221
Congregation Kahal Avreichmin
Site Specific
222
Withdrawn (letter dated December 12, 2024)
223
Withdrawn (letter dated November 11, 2024)
226
Withdrawn (letter dated March 8, 2018)
227
Withdrawn (letters dated March 16, 2018 and January 9, 2023)
230
GWL Realty Advisors Inc.
Jason Park
Topic Specific
231
Withdrawn (letter dated March 8, 2018)
232
Arrowdale Development Ltd., Arrowdale In Trust, and Loring Development Ltd.
Sidonia J. Tomasella
Site Specific
233
Withdrawn (letter dated November 1, 2023)
234
Withdrawn (letters dated December 5, 2022 and June 7, 2023)
236
Withdrawn (letter dated March 8, 2018)
237
Withdrawn (letter dated March 8, 2018)
238
Withdrawn (letter dated March 8, 2018)
242
Catholic Cemeteries – Archdiocese of Toronto
David Tang;
Jesse White;
Noah Gordon
Topic Specific
Site Specific
244
Withdrawn (letter dated September 16, 2022)
245
Settled (OLT Order issued November 21, 2018)
247
Brovi Investments Limited
Patrick Harrington
Site Specific
248
Greater Toronto Apartment Association
Tom Halinski
Topic Specific
253
Withdrawn (letter dated June 3, 2022)
254
The Brothers of the Christian Schools of Ontario
Michael J McQuaid
Site Specific
255
1030552 Ontario Limited
Bruce Engell
Site Specific
256
Providence Healthcare
Bruce Engell
Site Specific
257
Target Park Inc.
Ian Flett
Topic Specific
258
2006199 Ontario Limited
C.J. Tzekas
Site Specific
Note: Appeal withdrawn for 30 Booth Ave. (letter dated October 3, 2017). Appeal active for Eastern and Kipling Avenue sites.
260
Withdrawn (letter dated November 4, 2024)
261
Withdrawn (letter dated November 4, 2024)
262
Withdrawn (letter dated November 4, 2024)
263
Withdrawn (letter dated November 4, 2024)
264
Withdrawn (letter dated November 4, 2024)
265
Toronto Catholic District School Board
Steven J. O'Melia
Topic Specific
Site Specific
266
Withdrawn (letter dated April 2, 2018)
271
1362882 Ontario Ltd.
Barry Horosko
Site Specific
272
Mondelez Canada Inc.
Kim Mullin;
Mithea Murugesu
Topic Specific
Site Specific
273
Withdrawn (letter dated June 19, 2023)
275
York University
Cynthia A. MacDougall
Site Specific
276
York University (Glendale Campus)
Cynthia A. MacDougall
Site Specific
278
Withdrawn (letter dated December 5, 2023)
281
115 Dupont Holding Limited
Ken Zuckerman
Site Specific
Note: Email dated December 6, 2013 indicates appeal will be withdrawn once site specific development approvals are obtained.
287
Settled (OLT Order issued November 30, 2022)
290
Withdrawn (letter dated June 19, 2023)
291
Memorial Gardens Canada Limited (only re: 33 Memory Gardens for now)
Tom Barlow
Topic Specific
Site Specific
293
Villa Charities and Italian Canadian Benevolent Seniors Apartment Corporation
Quinto Annibale
Site Specific
295
Withdrawn (letter dated March 12, 2019)
296
Park Lawn Corporation
Bruce Ketcheson
Topic Specific
Site Specific
297
Perry and Deloris Avdoulos
Perry and Deloris Avdoulos*
Site Specific
298
Catherine Morrison
Barry Morrison*
Site Specific
299
Eileen and Michael Denny
Eileen Denny*
Site Specific
300
Confederation of Resident and Ratepayer Associations in Toronto
Eileen Denny*;
William Roberts*
Topic Specific
301
Teddington Park Residents Association
Eileen Denny*
Topic Specific
Area Specific
303
217 Adelaide Holding Limited
Calvin Lantz
Site Specific
Note: Appeal to be addressed through site specific rezoning for 217 Adelaide Street West.
305
Withdrawn (letter dated September 17, 2024)
306
214 King Holding Limited
Kim Kovar
Site Specific
307
Withdrawn/Settled (letter dated July 27, 2022; OLT Order issued November 30, 2022; letter dated October 23, 2024)
316
Eddystone Meat Products
Adam Brown;
Jessica Smuskowitz;
Sean Brown
Site Specific
319
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
320
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
321
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
322
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
323
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
324
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
Non-Appellant Parties
Party
Name(s)
Counsel/Agent*
Sheltering Under
A
Canadian Propane Association
Patrick Duffy;
Calvin Lantz
Appeal 77
B
David Fleming on behalf of the Swansea Area Ratepayer's Association (SARA)
David Fleming*
Phase 2 Appeals
(Resolved)
C
George Labrakos
George Labrakos*
D
Dr. Sean Makhduni
Dr. Sean Makhduni*