CORRECTION NOTICE

OLT CASE NO(S).:

OLT-23-000975

DECISION ISSUE DATE(S):

February 27, 2024

CORRECTION NOTICE ISSUE DATE:

March 07, 2024

RE: Regent Revival Inc. v. Toronto (City)

Correction to: The wording of the first sentence in paragraph [1].

Originally:

Corrected to:

1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal pursuant to s.45(12) of the Planning Act by Regent Revival Inc. (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for minor variances.

1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal pursuant to s.45(12) of the Planning Act by Regent Revival Inc. (“Applicant”) resulting from the refusal of the Committee of Adjustment (“COA”) of the City of Toronto (“City”) to grant an application for minor variances.

“Euken Lui”

EUKEN LUI REGISTRAR

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.

ISSUE DATE:

February 27, 2024

CASE NO(S).:

OLT-23-000975

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant

Regent Revival Inc.

Subject:

Minor Variance

Description:

To permit the renovation and partial reconstruction of the existing theatre with a three-storey rear addition.

Reference Number:

A0185/23NY

Property Address:

551 Mount Pleasant Road

Municipality/UT:

North York/Toronto

OLT Case No:

OLT-23-000975

OLT Lead Case No:

OLT-23-000975

OLT Case Name:

Regent Revival Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.

Applicant/Appellant

Regent Revival Inc.

Subject:

City of Toronto Site Plan Approval

Description:

To permit the renovation and partial reconstruction of the existing theatre with a three-storey rear addition.

Reference Number:

23 110086 NNY 15 SA

Property Address:

551 Mount Pleasant Road

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-23-000901

OLT Lead Case No:

OLT-23-000975

Heard:

February 8, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

Regent Revival Inc.

David Bronskill

City of Toronto

Jamie Dexter

Mount Pleasant Village Revival Residents Association

David Hirsh*

MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON FEBRUARY 8, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal pursuant to s.45(12) of the Planning Act by Regent Revival Inc. (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for minor variances. The purpose of the minor variances is to permit the renovation and partial reconstruction of the existing theatre with a three-storey rear addition at 551 Mount Pleasant Road, Toronto (“Subject Property”).

PARTY/PARTICIPANT STATUS REQUESTS

2The Tribunal received a request for Party Status from 1000776391 Ontario Inc. o/a Mt Pleasant Village Revival Residents Association (“MPVRRA”). Its representative was David Hirsh. Counsel for the Applicant expressed concern that adding MPVRRA as a Party may unduly delay or lengthen the hearing, given that the Tribunal did not have clear information on the number and expertise of the witnesses that MPVRRA was prepared to call for the merit hearing. The City did not oppose MPVRRA’s request for Party Status. Based on the Party Status Request Form and submissions from Mr. Hirsh, it is clear that MPVRRA has a direct interest in the appeal and it is in the public interest to add them as a Party, as the City does not plan to call evidence at the hearing and adding them as a Party would not prejudice the Applicant or the City. The MPVRRA was cautioned regarding unnecessary witnesses, delay and unnecessarily prolonging the hearing. The Tribunal also alerted MPVRRA to potential cost consequences of being a Party. Mr. Hirsh assured the Tribunal that MPVRRA would not call unnecessary witnesses and was also cognizant of the cost of retaining multiple expert witnesses. MPVRRA was granted Party Status.

3A Participant Status Request Form was received from North York Community Preservation Panel. It was raised by Counsel for the Applicant that this organization is not incorporated. Its representative, Mr. Mitchell Bubulj, was present and agreed that he will instead have Participant Status in his individual capacity.

4Participant Status was also granted to the South Eglinton Davisville Residents’ Association represented by Sharon Mourer as well as Brittany Stewart and Lynn Austen who are represented by Philip Stewart.

CONSOLIDATION

5The Applicant requested that the related Site Plan Approval appeal (OLT-23- 000901) be consolidated for administrative purposes with this appeal but be adjourned sine die. The City did not oppose this request. Therefore, the Site Plan Approval appeal (OLT-23-000901) was administratively consolidated to the Minor Variance appeal (OLT-23-000975) but the Site Plan Approval appeal shall be adjourned sine die.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

6The Applicant provided a draft Procedural Order and Issues List prior to the CMC. Given the request for Party Status by MPVRRA, MPVRRA will have to respond to that draft. A second CMC was scheduled to proceed on Wednesday, April 10, 2024, at 10 a.m. by video. A draft Procedural Order and Issues List is to be provided to the Tribunal five days in advance of the second CMC. No further notice is required for this second CMC.

7The MPVRRA raised concerns regarding the legal non-conforming zoning status of the Subject Property and that this issue should be determined first before proceeding with the other issues in this appeal. This issue or any other issue can be addressed in a motion returnable at the second CMC. If a Party seeks to make a motion at the second CMC, it shall be served and filed by no later than March 1, 2024. The other parties shall serve and file a response on or before March 19, 2024. Any reply by the moving Party shall be served and filed by March 29, 2024.

8A five-day merit hearing was scheduled starting on Monday, July 15, 2024, at 10 a.m. by video.

9The hearings are scheduled to proceed by video as follows:

Second CMC

Wednesday, April 10, 2024, at 10 a.m.

GoTo Meeting: https://global.gotomeeting.com/join/927921077

Access code: 927-921-077

Audio-only telephone line: (Toll Free) 1-888 299-1889 or +1 (647) 497-9391

Audio-only access code: 927-921-077

Five-Day Merit hearing

Monday, July 15, 2024, at 10 a.m.

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

Audio-only telephone line: (Toll Free) 1-888 299-1889 or +1 (647) 497-9373

Audio-only access code: 660-145-013

10Parties 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:

11Parties 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

12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line.

13Individuals 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 Hearing by video 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

[14] THE TRIBUNAL ORDERS that:

i. Party Status is granted to 1000776391 Ontario Inc. o/a Mt Pleasant Village Revival Residents Association.

ii. Participant Status is granted to South Eglinton Davisville Residents’ Association, Mitchel Bubulj, Brittany Stewart, and Lynn Austen.

iii. The appeals (OLT-23-000975 and OLT-23-000901) shall be administratively consolidated but the Site Plan Approval appeal (OLT-23- 000901) shall be adjourned sine die.

iv. A second Case Management Conference is scheduled to proceed by video hearing, on Wednesday, April 10, 2024, at 10 a.m.

v. The draft Procedural Order and Issues List are to be provided to the Tribunal five days prior to the second Case Management Conference.

vi. If a Party seeks to make a motion at the second CMC, it shall be served and filed by no later than March 1, 2024. The other parties shall serve and file a response on or before March 19, 2024. Any reply by the moving Party shall be served and filed by March 29, 2024.

vii. A five-day merit hearing is scheduled to proceed by video hearing, starting on Monday, July 15, 2024, at 10 a.m.

viii. If there is any amendment to the development plan by the Applicant, the other parties shall be notified forthwith.

ix. The Site Plan Approval appeal (OLT-23-000901) is administratively consolidated with this proceeding but it is adjourned sine die.

x. No further notice is required.

xi. This Member is not seized.

“Jennifer Gold”

JENNIFER GOLD

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.