Issue Date: June 13, 2024
Case No(s).: OLT-24-000290
Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2559261 Ontario Inc.
Appellant: 389 Cleveland Street LP
Appellant: Abraham J. Green (225 Davisville Avenue) Ltd.
Appellant: Brosko Investments Limited
And others
Subject: Zoning By-law
Description: Purpose of these amendments is to implement the policies of the Yonge-Eglinton Secondary Plan (Official Plan Amendment 405)
Reference Number: ZBL 63-2024
Property Address: Yonge-Eglinton Secondary Plan Area
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-24-000290
OLT Lead Case No: OLT-24-000290
OLT Case Name: 2559261 Ontario Inc. et al. v Toronto (City)
Heard: June 10, 2024 by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| City of Toronto | Gabe Szobel, Jessica Braun |
| Multiple Appellants | Refer to Schedule 1 |
Memorandum of Oral Decision Delivered by C. Hardy on June 10, 2024 and Order of the Tribunal
Introduction
1This Decision relates to a first Case Management Conference (“CMC”) conducted by the Tribunal relating to 15 Appeals brought pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the passing of Zoning By-law No. 63-2024 (“ZBL 63-2024”) by the Council of the City of Toronto (“City”) relating to lands located within the Yonge-Eglinton Secondary Plan area.
2According to the Explanatory Note included with the City’s Notice of Passing of ZBL 63-2024, the purpose of ZBL 63-2024 is to enact amendments to the City-wide Zoning By-law No. 569-2013 to implement the policies of the Yonge-Eglinton Secondary Plan (“OPA 405”) for areas anticipating residential intensification in the form of tall buildings or mid-rise buildings, with small scale retail and service uses. The Appeals have been filed by the 15 Appellants listed on Schedule 1 relating to various municipal addresses located in the OPA 405 area.
3The Tribunal confirmed with Counsel that there were no known issues with service of the Notice of this CMC and as such, no further notice is required. The Tribunal received the Affidavit of Service of Notice of Olivia Morris sworn May 8, 2024, which was marked as Exhibit 1.
Status Requests
4In advance of the CMC, the Tribunal did not receive any written requests for Party or Participant status. In response to the Tribunal’s inquiry, there were no persons or entities present at the CMC requesting Party or Participant status.
Opportunities for Settlement / Mediation
5Counsel for the City advised that there are likely opportunities for settlement and/or mediation, however, it is too early in the process to make any concrete determinations. He noted the difficulty in assessing mediation potential lies in the fact that the majority of the Appellants have site-specific Applications currently in progress, each of which is in a different stage in the approval process. This complexity makes it difficult to gauge which Appeals, if any, are suitable for mediation.
6Counsel for the City advised that he would be communicating with each Appellant in the coming weeks to discuss opportunities for the scoping of the Appeals and/or possibilities of mediation.
Draft Procedural Order and Issues List
7In advance of the CMC, the City filed a draft Procedural Order (“PO”) with the Tribunal which Counsel for the Appellants had not had an opportunity to review. The City also filed an individual draft Issues List (“IL”) for each Appellant, with the exception of Menkes Brownlow Inc. and MOD Developments (Redpath) Limited Partnership. The Tribunal was advised that the Application for Menkes Brownlow Inc. was going to City Council for approval imminently and as such, it was premature to prepare draft issues for that Appeal.
8The Tribunal directed Counsel for each Appellant to provide the City with comments on the draft PO and a finalized draft IL on or before Friday, July 12, 2024. In order to ensure an efficient process, the Tribunal encouraged Counsel to work together to compile a list of general draft issues together with an individual site-specific IL for each Appellant, if appropriate.
9The Tribunal directed the City to file with the Tribunal a revised draft PO and complete IL containing the issues of all Appellants on or before Wednesday, August 28, 2024.
Next Steps
10Counsel for the City requested that the Tribunal schedule a second CMC during the first week of September 2024 which will allow time for the City to have discussions with Counsel for each Appellant regarding potential scoping of issues and opportunities for settlement and/or mediation.
11The Tribunal agreed and scheduled a second CMC to take place by Video Hearing on Wednesday, September 4, 2024.
12Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
13Persons 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.
14Parties 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
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 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
16THE TRIBUNAL ORDERS that the case management directives set out above are so ordered.
17There will be no further notice.
18The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
“C. Hardy”
C. HARDY VICE CHAIR
Ontario Land Tribunal Website: 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.
Schedule 1
| Appellant | Counsel | |
|---|---|---|
| 1 | 389 Cleveland Street LLP | Max Laskin (in absentia), Caroline Jordan |
| 2 | G.R. Feldman Investments Ltd. | Maggie Bassani |
| 3 | MOD Developments (Redpath) Limited Partnership | Eileen Costello (in absentia), Maggie Bassani |
| 4 | Brosko Investments Limited | Joe Hoffman (in absentia), Caroline Jordan |
| 5 | ZWD Developments Limited | Annik Forristal (in absentia), Marc Kemerer |
| 6 | The RW 124 Development Corporation, The RW 136 Development Corporation and The RW 77 Land Corporation | Joe Hoffman (in absentia), Caroline Jordan |
| 7 | Calmco Inc. | Adam Brown, Jessica Smuskowitz, Sean Brown |
| 8 | Greenrock Investments (77 Davisville Avenue) Ltd. | Mark Flowers |
| 9 | Abraham J. Green (225 Davisville Avenue) Ltd. | Mark Flowers |
| 10 | QR MAR Holdings Limited Partnership (Wells Gordon Limited) | David Bronskill (in absentia), Caroline Jordan |
| 11 | Korkin Developments Limited | David Bronskill (in absentia), Caroline Jordan |
| 12 | K&G Group | David Bronskill (in absentia), Caroline Jordan |
| 13 | CentreCourt Properties Inc. | David Bronskill (in absentia), Caroline Jordan |
| 14 | 2559261 Ontario Inc. | David Bronskill (in absentia), Caroline Jordan |
| 15 | Menkes Brownlow Inc. | Adam Brown, Jessica Smuskowitz, Sean Brown |
Correction Notice
OLT Case No(s).: OLT-24-000290
Decision Issue Date(s): June 13, 2024
Correction Notice Issue Date: June 19, 2024
Re: 2559261 Ontario Inc. et al. v Toronto (City)
Correction to: the Proceeding subsection number
Originally: PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Corrected to: PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
“Euken Lui”
EUKEN LUI REGISTRAR
Ontario Land Tribunal Website: 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.