Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 6, 2024
CASE NO.: OLT-22-004174
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: CSG Yonge Manor Limited and CSG Hillsdale Limited, et al
Subject: By-law No. 595-2022
Description: To permit policies pertaining to Yonge and Eglington Secondary Plan
Reference Number: Zoning By-law 595-2022
Property Address: Various Addresses in Toronto
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004174
OLT Lead Case No.: OLT-22-004174
OLT Case Name: CSG Yonge Manor Limited and CSG Hillsdale Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Toronto
Request for: Request for Determination
BEFORE:
SHARYN VINCENT ) August 2, 2024 VICE-CHAIR )
THIS MATTER having come before the Tribunal for as a motion in writing on August 2, 2024, and the Tribunal having reviewed the uncontroverted, affidavit evidence of Matt Armstrong, sworn and dated May 1, 2024, who herein has been qualified to assist the Tribunal with opinion evidence in areas of land use planning, together with the written submissions of the City of Toronto, submitted on consent of the Parties;
THE TRIBUNAL ORDERS that the parts of City of Toronto By-law 595-2022, set out in Appendix 1 to this Order shall be deemed to have come into force on the day that By-law 595-2022 was passed ( June 16, 2022).
THE TRIBUNAL ORDERS that the coming into force of the parts of By-law 595-2022 set out in Appendix 1 to this Order:
(a) shall be without prejudice to the rights of any party for their proposed exceptions or modifications to By-law 595-2022 in an issue-specific or site-specific appeal. For greater certainty and without limiting the foregoing, this Order shall not have any effect on the Tribunal's authority to grant issue-specific, category-specific, organizational or site-specific exceptions or modifications to By-law 595-2022, as amended, regardless of whether the proposed exceptions or modifications deviate from, or result in the repeal or replacement of, parts of By-law 595-2022 that have come into force;
(b) shall not have the effect of limiting existing or future resolutions of any appellant's appeal;
(c) shall not apply to any part of By-law 595-2022 that remains in issue in the appeals;
AND THE TRIBUNAL ORDERS that it may be spoken to in the event some matter should arise in connection with the implementation of this Order.
Appendix 1
By-law 595-2022 is brought into force in its entirety, save and except as it relates to the lands which remain under appeal as below:
a. The odd numbered properties between 2079-2111 Yonge Street, the even numbered properties between 12-20 Manor Road East, and the following properties along Hillsdale Avenue East: 9, 11, 21, 31, 35, 37, 39 and 41,
b. the odd numbered properties between 2485-2505 Yonge Street, and the property at 17 Keewatin Avenue; and
c. the even numbered properties between 2010-2050 Yonge Street.
“Euken Lui”
EUKEN LUI ACTING 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.