Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 30, 2024
CASE NO(S).: OLT-24-000107
PROCEEDING COMMENCED UNDER subsection 34(10.5) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Taheri Developments Inc.
Description: To determine the completeness of an Application for a Zoning By-law Amendment
Reference Number: 23 228917 WET 03 OZ
Property Address: 210 Islington Avenue and 99 Birmingham Street
Municipality: City of Toronto
OLT Case No.: OLT-24-000107
OLT Lead Case No.: OLT-24-000107
OLT Case Name: Taheri Developments Inc. v. Toronto (City)
Heard: April 24, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Taheri Developments Inc.
Michael Cara
City of Toronto
Sarah O’Connor
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON APRIL 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Taheri Developments Inc. (“Applicant”) has filed a Motion against the City of Toronto (“City”) pursuant to s. 34(10.5) of the Planning Act (“Act”).
2The Applicant is the owner of property Municipally known as 210 Islington Avenue and 99 Birmingham Street (“subject property”) in the City.
3On November 28, 2023, the Applicant submitted an application to amend Zoning By-law No. 569-2013 to permit the redevelopment of the subject property with a 26-storey mixed use building with a total of 325 dwelling units and retail uses at grade.
4On December 28, 2023, the Applicant received a Notification of Incomplete Application from the City deeming non-compliance with the minimum application requirements of the Act, the City of Toronto Act and the Official Plan.
DISCUSSIONS
5Since the filing of the Motion, Parties’ Counsels have actively engaged in discussions to reduce contentious issues and they are optimistic in resolving all issues. The discussions to date have been productive and Parties requested further time to find a resolution. Counsels are confident that within two weeks, they would be in a position to update the Tribunal regarding the Motion.
6As the Parties are diligently working toward a full resolution, and to avoid the need for a Hearing of the Motion, Counsels requested that no case management date be scheduled at this time. Counsels believe that an email update to the Case Coordinator in two weeks will inform whether there is a necessity to proceed with the Motion processes. In the event that the matter is resolved, there will be no point to proceed with the Motion.
7Nevertheless, should Parties fail to achieve the desired outcome, Applicant’s Counsel concurred and confirmed that the City could then submit the outstanding response to the Motion. Parties will then contact the Case Coordinator to obtain a hearing date for the Motion.
8The Tribunal determined that since the Parties are genuinely seeking a complete resolution of this matter of whether the Applicant’s Zoning By-law amendment application was complete, it is prudent and reasonable to permit Parties the opportunity to do so.
DISPOSITION
9As requested by the Parties, the Tribunal will not schedule a CMC.
10The Parties are directed to update the Tribunal on the status of discussions and of the Motion within two weeks of this Order. Parties are at liberty to request a Hearing to be scheduled by the Case Coordinator if required.
ORDER
11The Tribunal Orders that this matter is adjourned sine die.
“T.F. Ng”
T.F. NG
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.