Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 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
OLT Case No.: OLT-24-000250
OLT Case Name: Fora (77 Erskine) Inc. v. City of Toronto
Heard: July 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Fora (77 Erskine) Inc. | Joe Hoffman, David Bronskill (in absentia) |
| City of Toronto | Jason Davidson |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JULY 15, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) convened for an appeal brought by Fora (77 Erskine) Inc. pursuant to s. 34(11) of the Planning 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.
2The purpose of the ZBA is to permit the redevelopment of the Subject Property with a 35-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.
3The Subject Property is located on the south side of Erskine Avenue, approximately 500 metres north of the intersection of Yonge Street and Eglinton Avenue. The Subject Property is generally rectangular in shape with an approximate area of 1,738 square metres. The Subject Property is currently occupied by a four-storey apartment building.
PARTICIPANT STATUS REQUEST
4Since the first CMC on May 22, 2024, the Tribunal has received two further requests for Participant status. Comments and forms were received from the following:
- Jeff Weisman; and
- Gregory Plant.
5Having heard that the Parties require copies of the submissions, it was confirmed that the Case Coordinator will forward a copy of both submissions to each Party. The Tribunal confers Participant status to the above named individuals, and their comments will form part of the file that will be considered at the Merit Hearing.
MEDIATION
6The Tribunal advised the Parties that, should they wish to avail themselves of Tribunal-led mediation as they work to hone the issues list, they should contact the Case Coordinator for assistance in arranging mediation.
NEXT STEPS
7A draft Procedural Order and Issues List was submitted for the Tribunal’s consideration. The Tribunal directed the Parties to submit to the Case Coordinator a revised draft Procedural Order on consent, on or before Friday, August 2, 2024, for the Tribunal’s approval. Based on the number of witnesses each Party intends to call, a 10-day Hearing was requested. The Tribunal advised the Parties that, should a settlement be reached, or should the Issues List be scoped, they are to contact the Case Coordinator to re-evaluate the number of days set aside.
8At the request of the Parties the Tribunal has scheduled a 10-day Merit Hearing, commencing on Monday, March 10, 2025, at 10 a.m. to be held via Video Hearing.
9Parties 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:
GoTo Meeting: https://meet.goto.com/680885805
Access Code: 680-885-805
10Parties 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
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
12Individuals 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.
13The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
14THE TRIBUNAL ORDERS that:
- The date and particulars of the Merit Hearing are set out above;
- The Tribunal confers Participant status to Jeff Weisman and Gregory Plant;
- This Member is not seized but will continue to manage this file; and,
- This Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN 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.