Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 24, 2024
CASE NO(S).: OLT-24-000143
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Keeli Li GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 33-storey mixed use building.
Reference Number: 22 241754 WET 05 OZ
Property Address: 2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT: Toronto
OLT Case No.: OLT-24-000143
OLT Lead Case No.: OLT-24-000143
OLT Case Name: Keeli Li GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Appellant: Keeli Li GP Inc.
Subject: Site Plan
Description: To permit the development of a 33-storey mixed use building.
Reference Number: 22 241752 WET 05 SA
Property Address: 2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000144
OLT Lead Case No.: OLT-24-000143
OLT Case Name: Keeli Li GP Inc. v. Toronto (City)
Heard: June 11, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Keeli Li GP Inc.
M. Laskin D. Bronskill (in absentia)
City of Toronto
K. Czajkowski A. Ward
Metrolinx
C. Gibson S. Leisk (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JUNE 11, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Keeli Li GP Inc. (“Appellant”) arising from the failure of the City of Toronto (“City”) to make a decision on a Zoning By-law Amendment and Site Plan Control Applications, pursuant to s. 34(11) of the Planning Act, and s. 114(15) of the City of Toronto Act for the properties Municipally known as 2636, 2640, 2642 and 2654 Eglinton Avenue West and 1856 and 1856A Keele Street (“Subject Lands”).
2The Appellant is seeking to rezone the Subject Lands to permit the development of a 33-storey mixed-use building.
3The Tribunal marked the Affidavit of Service of Notice of CMC, sworn on May 9, 2024, as Exhibit 1.
PARTY STATUS REQUEST
4The Tribunal received a Party status request from Metrolinx. Metrolinx owns lands adjacent to the Subject Lands and is concerned that the redevelopment of the Subject Lands might impact the redevelopment potential of its lands. The Tribunal determined that Metrolinx has a bona fide interest in the proceedings. The statutory Parties raised no concerns with the request. On that basis, the Tribunal granted Party status to Metrolinx.
PARTICIPANT STATUS REQUEST
5The Tribunal received one Participant status request from Tracy Pow. Ms. Pow lives in the vicinity of the Subject Lands. Her main concerns are shadow impacts, increased noise, traffic and air quality. Ms. Pow was absent at the CMC; thus, her status request has been denied.
MEDIATION
6Parties informed the Tribunal that they will be participating in Tribunal-led mediation at the conclusion of today’s CMC.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND HEARING
7Due to Metrolinx being granted Party status, statutory Parties requested some time to finalize their Issues List. Parties are to submit a draft Procedural Order and Issues List on or before July 2, 2024.
8The Parties requested the Tribunal to schedule a ten-day Hearing at the end of May 2025. Each Party intends to call two to three witnesses: a Land Use Planner, an Urban Designer and, if necessary, a Transportation expert.
9Parties are expected to work collaboratively to reduce the number of their issues. If the number of hearing days can be reduced, Parties are expected to reach out to the assigned case coordinator with an update.
10A ten-day Hearing is scheduled to commence on Monday, May 26, 2025 at 10 a.m. until Friday, June 6, 2025, by Video Hearing.
11Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access Code: 909-787-981
12Parties 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
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) 455-1389 or +1 (647) 497-9391. The access code is as indicated above.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15The Tribunal directives above are so ordered.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
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.