Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2024
CASE NO(S).: OLT-23-001176
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Westchester Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the redevelopment of the site with six residential towers in four separate buildings Reference Number: 22 207468 WET 07 OZ Property Address: 33 Walsh Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001176 OLT Lead Case No.: OLT-23-001176 OLT Case Name: Westchester Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: Westchester Limited Subject: Site Plan Description: To permit the redevelopment of the site with six residential towers in four separate buildings Reference Number: 22 207467 WET 07 SA Property Address: 33 Walsh Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001177 OLT Lead Case No.: OLT-23-001176
Heard: February 6, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Westchester Limited | Christopher Tanzola |
| City of Toronto | Jessica Amey |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON FEBRUARY 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal under section 34(11) of the Planning Act by Westchester Limited (“Applicant”) resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBA”). The purpose of the ZBA is to facilitate redevelopment of 33 Walsh Avenue, Toronto (“Subject Property”) with six residential towers in four separate buildings.
2At the CMC, the Tribunal reviewed the Affidavit of Service sworn January 18, 2024. Counsel confirmed that there was no issue with the service of the Notice of the CMC including the Affidavit of Service, which was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
3The Tribunal received a request for Party status from Salvatore Castiglione and a Participant status request from Anthony Perruzza. Regarding Mr. Castiglione’s request for Party status, the Tribunal canvassed what evidence he might present and informed him of the difference between a Party and Participant. Mr. Castiglione opted for Participant status. The Tribunal advised him that he may provide a Participant Status Request Form; otherwise, his Party Status Request Form will be considered his written submission as a Participant. Mr. Castiglione was not granted Party status but was instead granted Participant status.
4Regarding the Participant status request from Anthony Perruzza, Mr. Perruzza is a Councillor with the City of Toronto. Counsel for the City advised that Mr. Perruzza could not be present at the CMC due to a Council meeting. Mr. Perruzza was granted Participant Status. However, Mr. Perruzza’s written submissions shall be considered as his own personal position on the matter as a private citizen and resident of the City. His written submissions should not disclose any Council deliberations or decisions.
CONSOLIDATION
5The Applicant requested that the related Site Plan Approval appeal (OLT-23-001177) be consolidated for administrative purposes with this ZBA appeal but not proceed at this time; that is, until there is a determination of the ZBA appeal. The City did not oppose this request. Therefore, the Site Plan Approval appeal (OLT-23-001177) was administratively consolidated to the ZBA appeal (OLT-23-001176) but the Site Plan Approval appeal shall be held in abeyance pending agreement of the parties or further order of the Tribunal.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6The Parties did not provide a draft Procedural Order nor Issues List prior to the CMC. Given the request for Party status, it was reasonable for the Parties to await the Tribunal’s disposition of that request. As this was a non-Decision appeal, the City will have to formalize the issues that are in dispute. A second CMC has been scheduled to proceed on Thursday, May 16, 2024 at 10 a.m. by video. A draft Procedural Order and Issues List is to be provided to the Tribunal in advance of the second CMC. No further notice is required for this second CMC.
7A 15-day Merit Hearing has been scheduled to begin on Monday, February 3, 2025 at 10 a.m. and end on Monday, February 24, 2025 (not sitting Monday, February 17, 2025).
[8] The Hearings are scheduled to proceed by video as follows: CMC: Thursday, May 16, 2024 at 10:00 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 638-422-541
Merit Hearing: Monday, February 03, 2025 at 10 a.m. to Monday, February 24, 2025 (15 days – Tribunal not sitting February 17, 2025) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 709-076-365
9Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
10Parties 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
11Persons 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.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of 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
13The TRIBUNAL ORDERS that:
- Participant status is granted to Salvatore Castiglione and Anthony Perruzza.
- The appeals (OLT-23-001176 and OLT-23-001177) are administratively consolidated but the Site Plan appeal is adjourned sine die.
- A second Case Management Conference is scheduled to proceed by Video Hearing, on Thursday, May 16, 2024, at 10 a.m.
- The draft Procedural Order and Issues List are to be provided to the Tribunal prior to the second Case Management Conference.
- A fifteen-day merit hearing is scheduled to proceed by video hearing, starting on Monday, February 3, 2025 at 10 a.m. until Monday, February 24, 2025.
- No further notice is required.
- 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.