Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2024
CASE NO(S).: OLT-24-000293
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 27 Henning Avenue Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces.
Reference Number: 23 176474 NNY 08 OZ
Property Address: 17, 19, 21, 23, 25, 27, 29, 31, 33, 37, 39 and 41 Henning Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000293
OLT Lead Case No.: OLT-24-000293
OLT Case Name: 27 Henning Avenue Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 27 Henning Avenue Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces.
Reference Number: 23 176474 NNY 08 OZ
Property Address: 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000294
OLT Lead Case No.: OLT-24-000293
OLT Case Name: 27 Henning Avenue Limited v. Toronto (City)
Heard: July 16, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
27 Henning Avenue Limited
M. Laskin
D. Bronskill (in absentia)
City of Toronto
Michael Armstrong
Kristin Heins
Gordon Floyd
Eglinton Park Residents’ Association
D. Elmadany
I. Flett
I. Flett
I. Flett
T. Cohen*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JUly 16, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by 27 Henning Avenue Limited (“Appellant”) arising from the refusal of the City of Toronto (“City”) to approve the requested Official Plan Amendment (“OPA”), pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) for the properties Municipally known as 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39 and 41 Henning Avenue and a Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11) of the Act for the properties located at 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue.
2The Appellant is seeking to develop a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces.
3The Tribunal marked the Affidavit of Service of Notice of CMC as Exhibit 1.
PARTY STATUS REQUESTS
4The Tribunal received Party status requests from the owners of the adjacent lands and from Eglinton Park Residents’ Association (“EPRS”). Prior to the CMC, at the request of the Tribunal, EPRS provided the Tribunal with the letter of incorporation, dated December 8, 2008. The Tribunal canvased the requestors on whether they intend to retain expert witnesses for the Hearing. Both, Mr. Flett and Mr. Cohen confirmed that they will have expert witnesses. Hearing no objections from the statutory Parties, the Tribunal granted Party status to:
Michael Armstrong;
Gordon Floyd;
Kristin Heins, and
Eglinton Park Residents’ Association.
MEDIATION
5The Tribunal reminded the Parties that if they are interested in Tribunal-led mediation, to reach out to the assigned Case Coordinator.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND HEARING
6Prior to the CMC, the Tribunal received a preliminary draft Procedural Order (“PO”) that did not contain an Issues List (“IL”). Given the addition of new Parties, the Tribunal requested that a final version of the draft PO and IL are to be submitted to the Tribunal on or before Friday, August 16, 2024.
7The Parties requested the Tribunal to schedule a 10-day Hearing after May 5, 2025.
8Parties 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.
9A 10-day Hearing is scheduled to commence on Monday, May 5, 2025 at 10 a.m. until Wednesday, May 21, 2025, by Video Hearing. The Tribunal will not be available on May 12, 13 and 19 of 2025.
10Parties 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/687587165
Access code: 687-587-165
11Parties 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
12Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 687-587-165.
13Individuals 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
14The Tribunal directives above are so ordered.
15This Member is not seized.
16There 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.