Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 23, 2024

CASE NO(S).: OLT-22-002454

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Al Reisman Limited Appellant: D. Crupi & Sons Ltd. & D.C.M. Holdings Ltd. Appellant: Kale Management Inc. et al Appellant: Morguard Investment Limited Appellant: Suncore Energy Products Inc.

Subject: ZBL No. 607-2015

Municipality: City of Toronto

OLT Case No.: OLT-22-002454 Legacy Case no.: PL150661

OLT Lead Case No.: OLT-22-002454 Legacy Lead Case No.: PL150661 OLT Case Name: Al Reisman Limited v. Toronto (City)

Heard: November 14-17, 2023 by video hearing

APPEARANCES:

Parties

Counsel

D. Crupi & Sons Ltd., and D.C.M. Holdings Ltd. David White

City of Toronto Gabriel Szobel Marc Hardiejowski (in absentia)

DECISION DELIVERED BY C.I. MOLINARI AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal is related to appeals filed by D. Crupi & Sons Ltd. and D.C.M. Holdings Ltd. (“Appellant”) pursuant to s. 34(19) of the Planning Act (“Act”), against a decision of the City of Toronto (“City”) approving Zoning By-law (“ZBL”) 607-2015 (“ZBL 607”) as it affects two landholdings known municipally as 83-85 Passmore Avenue and 3800 and 3820 Midland Avenue (“83-85 Passmore”) and 477 Brimley Road (“477 Brimley”) (collectively “Properties” / “Crupi Asphalt Plants”).

2The recitals to ZBL 607 note that it “technically amend[s] Zoning By-law No. 569-2013, as amended, with respect to the removal of lands from the By-law that meet the criteria of the Transition Protocol and to correct errors and omissions”. ZBL No. 569-2013 (“ZBL 569”) was passed by the City to bring forward the land use permissions from the former City of Scarborough Employment District By-law, as well as other former municipal ZBLs, into one City-wide ZBL. Both ZBL 569 and ZBL 607