Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-24-000212
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: NDI (2 Post Road) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 4 storey residential building with 55 residential units.
Reference Number: 23 145949 NNY 15 OZ
Property Address: 8 and 10 Hyde Park Circle
Municipality/UT: Toronto
OLT Case No.: OLT-24-000212
OLT Lead Case No.: OLT-24-000212
OLT Case Name: NDI (2 Post Road) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: NDI (2 Post Road) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 4 storey residential building with 55 residential units.
Reference Number: 23 145949 NNY 15 OZ
Property Address: 8 and 10 Hyde Park Circle
Municipality/UT: Toronto
OLT Case No.: OLT-24-000213
OLT Lead Case No.: OLT-24-000212
OLT Case Name: NDI (2 Post Road) Inc. v. Toronto (City)
Heard: May 2, 2024, by Video Hearing
APPEARANCES:
Parties Counsel
NDI (2 Post Road) Inc. (“Applicant”) Ian Andres David Bronskill (in absentia)
City of Toronto (“City”) Jessica Amey
MEMORANDUM OF ORAL DECISION DELIVERED BY Michael Menezes and Kurtis Smith ON May 2, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to the Official Plan Amendment (“OPA”) pursuant to Section 22(7) and a Zoning By-law Amendment (“ZBA”) pursuant to Section 34(11) of the Planning Act sought by the Applicant. The Applications will permit the development of a four-storey residential building with 55 residential units and a gross floor area of 10,202 square metres on the north/west corner of Bayview Avenue and Post Road, in the City of Toronto (“City”).
2The Appeals brought to the Tribunal are a result of the City’s failure to make a decision on the OPA and ZBA Applications within the legislatively required time.
3There were no issues raised with service of Notice of the CMC, and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC, sworn on April 4, 2024, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4The Tribunal received a written request for Participant status from Iakov Adamovski, a neighbour adjacent to the proposed development, who submitted a direct interest in the Appeals as the new development could impact the existing low rise residential area in terms of traffic, noise, and privacy, amongst other concerns.
5There were no objections from the Parties, and as such, the Tribunal granted Participant status to Iakov Adamovski.
6No other Party or Participant status requests were received.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised that the City staff and the Applicant will be meeting over the next few weeks to review the proposal and resolve some, or all, of the issues. The City will seek direction from the City Council, regarding the Issues List (“IL”) at their meeting scheduled for the end of June, 2024.
8The Parties were made aware that the Tribunal is available to assist with Tribunal-led mediation and requests can be made through the Case Coordinator.
NEXT STEPS
9Whilst no draft Procedural Order (“PO”) was provided to the Tribunal prior to the CMC, Counsel for the Parties requested a second CMC to be scheduled for mid-July 2024, following the City’s June City Council meeting.
10The Tribunal directed the Parties to work cooperatively to finalize the draft PO and IL and to submit them to the Case Coordinator on or before Wednesday, July 10, 2024.
11Based on the request of the Parties, the Tribunal scheduled a second CMC to be held on Wednesday, July 17, 2024, at 10 a.m. by Video Hearing.
12Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
13Parties 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
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
15Individuals 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
16THE TRIBUNAL ORDERS as follows:
a. Iakov Adamovski is granted Participant status in these proceedings.
b. A second Case Management Conference is scheduled to proceed, by Video Hearing, on Wednesday, July 17, 2024, at 10 a.m. There will be no further notice.
c. The draft Procedural Order and Issues List are to be provided to the Tribunal by Wednesday, July 10, 2024.
17The Panel is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Michael Menezes”
MICHAEL MENEZES
MEMBER
“Kurtis Smith”
KURTIS SMITH
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.