Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 05, 2024
CASE NO(S).: OLT-22-002277 OLT-22-003643
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: The RW Suites Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 38-storey residential building Reference Number: 21 169458 NNY 15 OZ Property Address: 124 Broadway Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002277 OLT Lead Case No.: OLT-22-002277 OLT Case Name: The RW Suites Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: The RW Land Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 12-storey residential building Reference Number: 21 234009 NNY 15 OZ Property Address: 136 Broadway Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-003643 OLT Lead Case No.: OLT-22-003643 OLT Case Name: The RW Suites Corporation v. Toronto (City)
Heard: August 11, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | K. Czajkowski, M. LaFortune, U. Guatam |
| The RW Suites Corporation and The RW 136 Land Corporation | J. Hoffman |
| T.S.C.C No. 1987 | J. McLarty |
DECISION DELIVERED BY STEVEN COOKE AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1The matters before the Tribunal were the appeals under s. 34 (11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), for the City of Toronto’s (the “City”) failure to make a decision on two separate applications by The RW Suites Corporation and The RW 136 Land Corporation (the “Applicant”) for a Zoning By-law Amendment (the “ZBA”) within the statutory timeframe for the adjacent properties municipally known as 124 and 136 Broadway Avenue (“subject properties”).
2The Tribunal was informed that a settlement had been reached and is presented for approval. The settlement proposal includes a podium and two towers, located at the subject properties, which contain 580 and 301 residential units, respectively. The 136 Broadway Avenue building will become a rental building and host the existing rental replacement units from both properties. The settlement proposes green public space at ground level. The buildings' podiums have been integrated, and the access point for both properties has been moved to the east side of 136 Broadway Avenue. This move allows for an enhanced and continuous landscaped open space, which will be in the form of a 7.5 metre (“m”) front yard setback and will be subject to an easement in favor of the City along Broadway Avenue.
PLANNING EVIDENCE
3The Tribunal qualified Benjamin Larson to provide expert opinion evidence in land-use planning. The Tribunal accepts both the uncontested viva voce evidence and written affidavit evidence of Mr. Larson.
Official Plan
4Mr. Larson presented the settlement proposal to the Tribunal. The proposal includes the development of 881 dwelling units between the two towers located at the subject properties.
5The subject properties are located in what is defined as an Apartment Neighbourhood within the City’s Official Plan (“OP”). The OP identifies the area of the subject properties to be part of the Yonge-Eglinton Secondary Plan (“Secondary Plan”). The main goal of the Secondary Plan is to optimize the investments in rapid public transit corridors while creating a complete community that is green, resilient, and is not automobile dependent. It was the opinion of Mr. Larson that, overall, the proposed settlement conforms with the objectives of the OP.
6In the evidence of Mr. Larson, 124 Broadway Avenue includes a total of 580 residential dwelling units. The units will consist of 103 studios, 295 one-bedroom, 124 two-bedroom, and 58 three-bedroom units. The two-bedroom and three-bedroom units together constitute 31% of the total units.
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