Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2024
CASE NO(S).: OLT-24-000250
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Fora (77 Erskine) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To redevelop property with a 35-storey building including 377 new residential units
Reference Number: 22 205741 NNY 15 OZ
Property Address: 77 Erskine Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000250
OLT Case Name: Fora (77 Erskine) Inc. v. City of Toronto
Heard: May 8, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Fora (77 Erskine) Inc. (“Applicant/Appellant”)
Joe Hoffman David Bronskill (in absentia)
City of Toronto (“City”)
Jason Davidson
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON MAY 8, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened for an appeal brought by Fora (77 Erskine) Inc. (“Applicant/Appellant”) pursuant to s. 34(11) of the Planning Act (“Act”) of a Zoning By-law Amendment (“ZBA”) related to the property municipally addressed as 77 Erskine Avenue (“Subject Property”) located in the City of Toronto (“City”).
2The Subject Property is located on the south side of Erskine Avenue, approximately 500 metres (“m”) north of the intersection of Yonge Street and Eglinton Avenue. The property is generally rectangular in shape with an approximate area of 1,738 square metres (“m2”). The Subject Property is currently occupied by a four-storey apartment building.
3The Applicant/Appellant submitted the ZBA application on September 20, 2022. The City deemed the application to be complete as of the date of submission.
4The purpose of the ZBA is to permit the redevelopment of the Subject Property with a thirty-five-storey building, including approximately 377 new residential units. Vehicular access for internalized loading and servicing areas is proposed from Erskine Avenue. A two-level underground garage with 36 vehicle parking spaces and a total of 378 bicycle parking spaces is proposed (“Proposed Development”).
5The approval authority did not make a decision regarding the ZBA within the statutory timeframe, and the application was subsequently appealed.
6The Affidavit of Service sworn on April 11, 2024, was entered as Exhibit 1.
STATUS REQUESTS
7In response to the notice, five Participant status requests were received by the Tribunal from,
Tatiana Lysenko
John Douglas Warren
Toronto Standard Condominium Corporation No. 2034
Claire Sumerlus
Thomas Chan
The Tribunal reviewed these requests. Based on the interest demonstrated in this matter and with no opposition from the Parties, the Tribunal granted the requests for Participant status.
8In response to the notice, four Party status requests were received by the Tribunal from,
Darlene Hunt
Karen Hunt
Beverley Golds
Michelle Pangindian
9The Tribunal heard from the individuals requesting Party status and reviewed with them the role and obligations of a Party in comparison with those of a Participant. The individuals then all requested that their requests for Party status be changed to requests for Participant status. Based on the interest demonstrated in this matter and with no opposition from the Parties, the Tribunal granted these requests for Participant status.
DRAFT PROCEDURAL ORDER
10The Draft Procedural Order (“DPO”), including the Issues List will be filed by the Parties with the Case Coordinator no later than July 8, 2024.
SECOND CMC
11Joe Hoffman, Counsel for the Applicant/Appellant, submitted that his client is continuing discussions with the City and that more time is required to complete the Issues List, which will assist the Parties in determining whether a mediated settlement is a possibility.
12Jason Davidson, Counsel for the City, indicated that he requires additional time to receive instructions from Council on this matter.
13The Parties jointly requested that the Tribunal schedule a second CMC. The Tribunal canvassed the availability of the Parties and accordingly scheduled a second CMC to commence at 10 a.m. on Monday, July 15, 2024 by Video Hearing.
14Parties 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:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
15Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
16Parties 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
17Individuals 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 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.
18The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
19The Tribunal orders that:
a. Participant status is granted to,
Tatiana Lysenko
John Douglas Warren
Toronto Standard Condominium Corporation No. 2034
Claire Sumerlus
Thomas Chan
Darlene Hunt
Karen Hunt
Beverley Golds
Michelle Pangindian
b. The Draft Procedural Order be filed by the Parties with the Tribunal no later than Monday, July 8, 2024.
c. A second CMC is scheduled at 10 a.m. on Monday, July 15, 2024 by Video Hearing.
20This Member is not seized.
21No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.