Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 18, 2024
CASE NO(S).: OLT-24-000316
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2114778 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a 35-storey residential building containing 365 dwelling units, including 33 replacement rental units.
Reference Number: 23 217877 STE 11 OZ
Property Address: 40 Walmer Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000316
OLT Lead Case No.: OLT-24-000316
OLT Case Name: 2114778 Ontario Inc. v. Toronto (City)
Heard: June 5, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 2114778 Ontario Inc. | Matthew Schuman |
| City of Toronto | Jason Davidson, Amrit Sandhu |
| 38 WR LP and the Trustees of the Walmer Road Baptist Church | Matthew Lakatos-Hayward |
| Annex Residents’ Corporation | Henry Wiercinski* |
| Toronto Standard Condominium Corporation 1896 | David Hamer* |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON JUNE 5, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held in respect of an appeal filed pursuant to s. 34(11) of the Planning Act by 2114778 Ontario Inc. against the City of Toronto (“City”) for its refusal of a Zoning By-law Amendment application (“Application”).
2The purpose of the Application is to facilitate the development of a 35-storey residential building containing 365 dwelling units, including 33 replacement rental units, for the property at 40 Walmer Road (“Property”).
NOTICE
3An Affidavit of Service dated May 1, 2024, and a supplemental Affidavit dated May 30, 2024, attesting to the giving of notice for this proceeding, were marked as Exhibits 1 and 2.
REQUESTS FOR STATUS
4In advance of the CMC, the Tribunal received requests for Party status from:
- 38 WR LP and the Trustees of the Walmer Road Baptist Church (“38 Walmer”) – citing concerns related to tower separation distances, the location of the tower on the Property, and in relation to the interface between the Property and the adjacent lands owned by 38 Walmer, which is subject to separate appeals currently before the Tribunal;
- Annex Residents’ Corporation (“ARC”) – citing concerns related to the planning framework of the proposed development; and
- Toronto Standard Condominium Corporation 1896 (“TSCC 1896”) – citing concerns related to massing, height, parking, traffic, shadows, and wind.
5Having reviewed the requests, and with the consent of the Parties, the Tribunal conferred Party status on 38 Walmer, ARC and TSCC 1896.
6Also in advance of the CMC, the Tribunal received requests for Participant status from:
- Barry Glaspell – citing concerns related to setbacks, height, shadows, and conformity with the City Official Plan;
- Gregory Sorbara – citing concerns related to density, traffic, parking, community character, streetscape, height, and setbacks.
7Mr. Lakatos-Hayward expressed concerns related to the architectural renderings attached to Mr. Sorbara’s Participant Status Request Form (“Form”), as the renderings formed part of a mediation process related to the 38 Walmer appeals and were issued on a without prejudice basis. In that respect, Mr. Lakatos-Hayward noted that his client is not opposed to Mr. Sorbara’s request for Participant status but requested that the architectural renderings be struck from Mr. Sorbara’s Form. The remaining Parties had no objection to the striking of the architectural renderings in this regard.
8Having reviewed the requests, and with consent of the Parties, the Tribunal granted Participant status to Mr. Glaspell and Mr. Sorbara, with the architectural renderings being struck from Mr. Sorbara’s Form.
9The Tribunal advised the Parties to ensure that their witnesses address the Participant concerns in their evidence.
PROCEDURAL ORDER AND ISSUES LIST
10The Tribunal was in receipt of a draft Procedural Order (“PO”) with no Issues List (“IL”) attached.
11Mr. Shuman indicated that the Parties have each provided a draft IL, made comments on the draft PO, and that there are ongoing discussions in this regard. He furthered that it would be appropriate to allow for continued discussions and for a second CMC hearing date to be set ahead of setting a date for the Merit Hearing.
MEDIATION
12The Tribunal advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the desire for mediation arises.
SECOND CASE MANAGEMENT CONFERENCE
13Mr. Shuman requested a second CMC in August or early September of 2024 to allow for the finalization of the PO and IL, to determine the length of the Merit Hearing, and to consider any other preliminary matters. The remaining Parties were in agreement with Mr. Shuman’s suggested timing. The Tribunal agreed and determined it prudent to schedule a second CMC at this time.
14The Tribunal directed the Parties to submit the final draft PO with an IL to the Case Coordinator seven days in advance of the second CMC.
HEARING DATE
15At the request of the Parties, the Tribunal scheduled a second CMC for Tuesday, August 13, 2024, at 10 a.m.
16The second CMC is scheduled to proceed by video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
17Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
18Parties 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 at: https://app.gotomeeting.com/home.html.
19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect by calling in to 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.
20Individuals 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
21The Tribunal confers Party status on 38 WR LP and the Trustees of the Walmer Road Baptist Church, Annex Residents’ Corporation, and Toronto Standard Condominium Corporation 1896.
22The Tribunal confers Participant status on Barry Glaspell and Gregory Sorbara, with the architectural renderings being struck from Mr. Sorbara’s Participant Status Request Form.
23The Tribunal directs the Parties to submit a draft Procedural Order to the Case Coordinator by Tuesday, August 6, 2024.
24No further notice is required.
25The Member is not seized of this matter.
“C. I. Molinari”
C. I. Molinari
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.