Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 5, 2024
CASE NO(S).: OLT-24-000290
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2559261 Ontario Inc. Appellant: 389 Cleveland Street LP Appellant: Abraham J. Green (225 Davisville Avenue) Ltd. Appellant: Brosko Investments Limited And others
Subject: Zoning By-law Description: Purpose of these amendments is to implement the policies of the Yonge-Eglinton Secondary Plan (Official Plan Amendment 405) Reference Number: ZBL 63-2024 Property Address: Yonge-Eglinton Secondary Plan Area Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000290 OLT Lead Case No: OLT-24-000290 OLT Case Name: 2559261 Ontario Inc. et al. v Toronto (City)
Heard: September 4, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | Gabe Szobel Jessica Braun (in absentia) |
| Multiple Appellants | Refer to Schedule 1 |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON SEPTEMBER 4, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision relates to a second Case Management Conference (“CMC”) conducted by the Tribunal relating to fifteen Appeals brought pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the passing of Zoning By-law No. 63-2024 (“ZBL 63-2024”) by the Council of the City of Toronto (“City”) relating to lands located within the Yonge-Eglinton Secondary Plan area. The Appeals have been filed by fifteen Appellants listed on Schedule 1 relating to various municipal addresses impacted by the passing of ZBL 63-2024.
2On June 10, 2024, the Tribunal held the first CMC in this matter where the City requested a second CMC to allow time for each Appellant to engage in discussions with the City regarding potential scoping of Appeals and the possibility of mediation or settlement.
3In advance of the CMC, the City filed a revised draft Procedural Order and Issues Lists with the Tribunal setting out numerous issues raised by the majority of the Appellants.
STATUS UPDATE
4Counsel for the City advised that the City continues to engage in discussions with the Appellants, however, has not had the opportunity to meet with all of the Appellants as of the date of the CMC. The intent is to proceed to have discussions with all Appellants in order to assess which issues and appeals are potentially resolvable. The City further advised that Tribunal-led mediation would be of assistance, however, it was premature to request a mediation assessment at this point as the City was hoping to scope some issues during continued discussions with the Appellants.
5In advance of the CMC, the City filed a revised draft Procedural Order with the Tribunal which Counsel for the Appellants had reviewed. Following a brief discussion, it was agreed that the coming into effect of the Provincial Planning Statement, 2024 (“PPS 2024”) on October 20, 2024, will impact the Issues Lists of the Appellants. In order to provide Counsel an opportunity to obtain instructions following the effective date of the PPS 2024, the Tribunal directed the City to file with the Tribunal a revised draft Procedural Order, including Issues Lists, for review and approval on or before Friday, December 6, 2024.
NEXT STEPS
6Counsel for the City requested that the Tribunal schedule a third CMC during July 2025 to allow time for the City to complete discussions with the Appellants and take any proposed resolutions to City Council. The Tribunal agreed and scheduled a third CMC to take place by Video Hearing on Monday July 7, 2025, at 10 a.m.
7Counsel for the City further requested that the Tribunal schedule a 10-day hearing for the Appeals. In response to the Tribunal’s inquiry, it was confirmed that given the anticipated scoping of issues and anticipated resolution of some Appeals, 10 days would be sufficient to hear the Appeals. The Tribunal scheduled a 10-day video hearing commencing Monday October 6, 2025, and ending Tuesday October 21, 2025, with the Tribunal not sitting on Monday October 13, 2025, or Tuesday October 14, 2025.
8The Hearings are scheduled to proceed by video as follows:
Monday July 7, 2025
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code 709-076-365
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 709-076-365
Monday October 6, 2025
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 692-665-589
9Parties 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.
10Parties 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 into an audio-only telephone line.
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 Hearings 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.
13There will be no further notice and this Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
ORDER
14The case management directives set out above are so ordered.
“C. Hardy”
c. hardy
VICE CHAIR
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.
SCHEDULE 1
| # | Appellant | Counsel |
|---|---|---|
| 1 | 389 Cleveland Street LLP | David Bronskill Max Laskin (in absentia) Caroline Jordan (in absentia) |
| 2 | G.R. Feldman Investments Ltd. | Maggie Bassani |
| 3 | MOD Developments (Redpath) Limited Partnership | Maggie Bassani Eileen Costello (in absentia) |
| 4 | Brosko Investments Limited | David Bronskill Joe Hoffman (in absentia) Caroline Jordan (in absentia) |
| 5 | ZWD Developments Limited | Marc Kemerer Annik Forristal (in absentia) |
| 6 | The RW 124 Development Corporation, The RW 136 Development Corporation and The RW 77 Land Corporation |
David Bronskill Joe Hoffman (in absentia) Caroline Jordan (in absentia) |
| 7 | Calmco Inc. | Adam Brown Jessica Smuskowitz Sean Brown |
| 8 | Greenrock Investments (77 Davisville Avenue) Ltd. | Mark Flowers |
| 9 | Abraham J. Green (225 Davisville Avenue) Ltd. | Mark Flowers |
| 10 | QR MAR Holdings Limited Partnership (Wells Gordon Limited) | David Bronskill Caroline Jordan (in absentia) |
| 11 | Korkin Developments Limited | David Bronskill Caroline Jordan (in absentia) |
| 12 | K&G Group | David Bronskill Caroline Jordan (in absentia) |
| 13 | CentreCourt Properties Inc. | David Bronskill Caroline Jordan (in absentia) |
| 14 | 2559261 Ontario Inc. | David Bronskill Caroline Jordan (in absentia) |
| 15 | Menkes Brownlow Inc. | Adam Brown Jessica Smuskowitz Sean Brown |