Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2024
CASE NO(S).: OLT-23-001313
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Terry Cassaday
Applicant: Tribute (Av & Dav) Limited
Subject: Zoning By Law Amendment – Appeal of Decision
Description: To facilitate the development of a 35-storey mixed use building
Reference Number: 21 178720 STE 11 OZ
Property Address: 148-158 Avenue Road and 220-234 Davenport Road
Municipality: City of Toronto
OLT Case No.: OLT-23-001313
OLT Lead Case No.: OLT-23-001313
OLT Case Name: Cassaday v. Toronto (City)
Heard: February 29, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Terry Cassaday ("Appellant") | Ian Flett |
| Tribute (Av & Dav) Limited ("Applicant") | David Bronskill |
| City of Toronto | Kasia Czajkowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Appeal under the subsection 34(19) of the Planning Act (“the Act”). The Applicant, Tribute (Av & Dav) Limited, has brought a Motion pursuant to subsection 34(25) of the Act and subsection 9(1) of the Ontario Land Tribunal Act for an Order dismissing the Appeal without a Hearing, on the grounds that the reasons set out in the Notice of Appeal do not disclose any apparent land use planning grounds on which the Tribunal could allow all or part of the Appeal.
RECUSAL BY MEMBER PRESIDING AND ADJOURNMENT OF HEARING
2The Appellant, Terry Cassaday, has filed a Notice of Response and Responding Motion Record which includes an Affidavit and planning opinion of Michael Gagnon, R.P.P. This Member has had a professional relationship with Mr. Gagnon within the preceding 12 months and is therefore precluded from adjudicating or otherwise participating in this Proceeding, pursuant to section 34 of the Conflict of Interest Rules of the Tribunal.
3Upon the opening of this Hearing event, this Member advised Counsel that he had to recuse himself for the reasons set out above, and that the Hearing of the Motion and the CMC would have to be adjourned to be heard by another Member. Counsel agreed and consented to adjourn the Motion and the CMC for a one-day Hearing on March 19, 2024 at 10 a.m. by Video Conference Call (“VCC”).
HEARING OF MOTION TO DISMISS APPEAL AND CMC
1For the one-day Video Hearing scheduled to commence on Tuesday, March 19, 2024 at 10 a.m., the Parties are asked to log in at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
2Parties, Witnesses and Observers 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
3Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 687-587-165.
4Individuals 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
4THE TRIBUNAL ORDERS THAT the Applicant’s Motion to Dismiss the Appeal and the CMC are adjourned, to be heard by VCC on March 19, 2024 at 10 a.m.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
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.