27 Henning Avenue Limited v. Toronto (City), 2024 CanLII 88930

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

September 5, 2024

CASE NO.:

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)

BEFORE:

SHARYN VINCENT

Thursday, the 5^th

VICE-CHAIR

day of September, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on July 25, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on May 5, 2025. The Tribunal has set aside ten (10) days for the hearing.

“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.

SCHEDULE “A”

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca

ISSUE DATE: CASE NO(S).: OLT-23-000293

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:

Refusal 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:

17-41 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:

Refusal to enact 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:

17-41 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)

Procedural Order

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

2. The hearing will begin on May 5, 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be ten (10) days, with the Tribunal sitting on May 5-9, May 14-16 and May 20-21. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. Except for issues arising from the Provincial Planning Statement, 2024, which may be provided on or before November 5, 2024, there will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least one hundred and nineteen (119) calendar days before the hearing (on or before January 6, 2025). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties (on or before January 27, 2025) (98 days before the hearing is scheduled to commence).

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal at least fifteen days (15) days prior to date for Expert Witness Statements as stated in Section 14 (on or before February 19, 2025), if agreement is reached.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before March 4, 2024 (sixty three (63) calendar days prior to the scheduled commencement of the hearing) or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 14.

14. On or before March 4, 2025 (sixty three (63) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before March 25, 2025 (forty two (42) calendar days prior to the scheduled commencement of the hearing) the Parties may provide to all other Parties a written response to any written evidence.

16. On or before March 27, 2025 (forty (40) calendar days prior to the scheduled commencement of the hearing), the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

17. On or before April 8, 2025 (twenty eight (28) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

19. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before April 16, 2025 (twenty (20) days before the commencement of the hearing), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book on or before April 16, 2025 (20 days before the hearing is scheduled to commence), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

22. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before December 5, 2024 (ninety (90) days before Expert Witness Statements as in Section 14). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 22. The Tribunal’s Rule 17 applies to such requests.

25. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

December 5, 2024

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

January 6, 2025

Exchange of witness lists (names, disciplines and order to be called)

January 27, 2025

Last date to challenge identification of expert witness

February 19, 2025

Agreed Statement of Facts

March 4, 2025

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

March 25, 2025

Exchange of Reply Witness Statements (if any)

March 27, 2025

Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

April 18, 2025

Exchange of visual evidence (if any)

April 16, 2025

Final Work Plan filed with the Tribunal

April 16, 2025

Finalize Joint Document Book

May 5, 2025

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

Parties

1. 27 Henning Avenue Limited

David Bronskill

Goodmans LLP

333 Bay Street, Suite 3400

Toronto, Ontario M5H 2S7

Tel: (416) 597-4299 Email: dbronskill@goodmans.ca

2. City of Toronto

Daniel Elmadany

City of Toronto, Legal Services

Metro Hall, 26th Floor

55 John Street

Toronto, Ontario M5V 3C6

Tel: (416) 397-5709 Email: daniel.elmadany@toronto.ca

3. Michael Armstrong/Kristin Heins/Gordon Floyd

Ian Flett Ian Flett Professional Corporation 99 Yorkville Avenue, Suite 200 M4R 3K5

Tel: (416) 932-0136

Email: ian@flettlaw.ca

4. Eglinton Park Residents’ Association

c/o Thomas Cohen Tel: (416) 932-8565

Email: tcohen@yorku.ca

Participants

None.

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Toronto

Planning Act

1. Do the proposed development, the Official Plan Amendment and the Zoning By-law Amendment have regard for the matters of provincial interest set out in Subsections 2 (e), (f), (h), (i), (j), (p), and (r) of the Planning Act?

2. Would the approval of the proposed development, the Official Plan Amendment and the Zoning By-law Amendment have regard for any information and material received by City Council, as required by Section 2.1 of the Planning Act?

Provincial Policy Statement

3. Are the proposed development, the Official Plan Amendment and the Zoning By-law Amendment consistent with the Provincial Policy Statement (2020), as required by Section 3(5)(a) of the Planning Act, including Sections 1.1.1, 1.1.3.3, 1.1.3.4, 1.2.1, 1.5.1, 1.6.1, 1.6.6, 1.7.1, 2.2 and 4.6?

Growth Plan for the Greater Golden Horseshoe

4. Do the proposed development, the Official Plan Amendment and the Zoning By-law Amendment conform with, and not conflict with, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), as required by Section 3(5)(b) of the Planning Act, including Sections 1.2.1, 2.2.1.4 , 2.2.2.3 , 2.2.4.9, 2.2.6.3, 3.2.5, 3.2.6, 3.2.7, and 5.2?

City of Toronto Official Plan

5. Are the proposed development, the Official Plan Amendment and the Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including:

a. Structuring Growth in the City: Integrating Land Use and Transportation (2.2(2) and (9));

b. Centres (Section 2.2.2);

c. Healthy Neighbourhoods (Section 2.3.1)

d. Bringing the City Together (Section 2.4);

e. The Public Realm (Section 3.1.1);

f. Built Form (Section 3.1.2);

g. Built Form – Building Types (Section 3.1.3);

h. Housing (Section 3.2.1);

i. Parks and Open Spaces (Section 3.2.3);

j. Neighbourhoods (Section 4.1);

k. Mixed Use Areas (Section 4.5);

l. Holding By-laws (Section 5.1.2);

m. Secondary Plans (Section 5.2.1);

n. Implementation Plans and Strategies for City-Building (Section 5.3.2); and

o. Interpretation (Section 5.6)?

6. Do the proposed development, the Official Plan Amendment and the Zoning By-law Amendment conform with the policies of the Yonge-Eglinton Secondary Plan, including:

a. Vision, Goals and Character Area Designations (Section 1)

b. Area Structure (Section 2)

c. Parks and Public Realm (Section 3)

d. Mobility (Section 4)

e. Built Form (Section 5)

f. Housing (Section 7)?

Guidelines

7. Does the proposed development maintain the intent and purpose of the Tall Building Design Guidelines (2013)?

8. Does the proposed development maintain the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines (2020)?

Proposed Amendments to the Official Plan

9. Is the proposed development compatible with its physical context and does the Official Plan Amendment to permit the proposed development not affect nearby Neighbourhoods in a manner contrary to the neighbourhood protection policies of the Plan?

10. Is the requested Official Plan Amendment to re-designate lands included in the proposed development from Neighbourhoods to Mixed Use Areas appropriate?

11. Is it appropriate to establish a Site and Area Specific Policy for the proposed development?

Land Use and Built Form

12. Are the lands in respect of which the applications were made of a sufficient size and appropriately configured to constitute a tall building site?

13. Are building height, base building height, tall building stepbacks, setbacks, separation, and density appropriate?

14. Does the proposed development provide sufficient space for adequate landscaping and open space on the site?

15. Is the proposed development compatible with its physical context? Does the proposed development fit appropriately within the existing and planned context and area character?

16. Does the proposed tall building provide adequate transition in scale to Neighbourhoods, lower-scaled buildings, Parks and Open Space Areas?

17. Have the shadow impacts of the proposed building been adequately minimized and limited individually, in consideration of the cumulative net new shadow impacts on existing and proposed parks, as well as in relation to approved and under construction development in the vicinity of the site?

18. Has it been demonstrated that the placement, height and character of the base building as proposed, and the location, shape, general height of the tall building as proposed, are compatible with the surrounding area context?

19. Does the proposed development establish appropriate relationships at grade, including provision of an appropriate pedestrian realm, streetscaping, sufficient soil volume/depth to support large canopy trees, and contributions to public space?

20. Does the proposed development represent good land use planning and good urban design, having regard to the building and podium heights, massing, tall building setbacks and stepbacks, tall building separation distance, scale and density of the proposed development, including impact on the following matters, without limiting the generality of the foregoing:

a. fit with the existing and planned built form context;

b. the relationship to the public realm;

c. appropriate base building height;

d. gradual transition in relation to the scale and character of the surrounding areas;

e. negative shadow impacts;

f. loss of sky view and sunlight; and

g. privacy and overlook.

21. Does the proposed development adequately limit the impact of pedestrian level wind on the public realm? Are the wind conditions suitable for the proposed use of the outdoor amenity areas?

Proposed Amendments to Official Plan and Zoning By-law

22. Would the proposed development, if approved, create an inappropriate built form precedent for other development in the Henning Character Area, and which may result in a cumulative negative impact on the character of this area?

23. Would the proposed development, if approved, result in a cumulative negative impact in terms of the urban structure within the Yonge-Eglinton Secondary Plan?

Housing

24. Does the proposed development and the Zoning By-law Amendment provide for a appropriate mix of unit types, including 2 bedrooms and 3 bedrooms that conform with the Yonge-Eglinton Secondary Plan?

25. Should the proposal provide for larger 2- and 3-bedroom units, in order to meet the unit size objectives of the Growing Up Guidelines?

26. Have satisfactory arrangements been made to comply with Section 3.2.1 of the Official Plan with respect to Rental Housing Demolition?

Amenity Space

27. Does the proposed development and the Zoning By-law provide for sufficient amenity space?

Transportation, Access and Parking

28. Is the proposed development and Zoning By-law Amendment vehicular access adequate and appropriately located?

29. Does the proposed Zoning By-law Amendment provide an appropriate parking rate?

30. Does the proposed Zoning By-law Amendment provide for sufficient accessible parking?

31. Does the proposed development include transportation demand management (TDM) strategies such as car-share spaces, bike-share stations, and similar TDM strategies, to support active transportation?

Servicing

32. Is there sufficient municipal infrastructure capacity to service the proposed development with water, sewer and stormwater management facilities? If not, should a Holding (H) symbol be included in the Zoning By-law Amendment until such time as the proposed development can be serviced with available services?

Forestry

33. Does the site provide appropriate configuration of soil volume in relationship to the adjacent public realm, below-/above-/at- grade utilities, and vehicular facilities including the below-grade parking garage?

Public Interest and Good Planning

34. Is the proposed development, the Official Plan Amendment and the Zoning By-law Amendment good planning and in the public interest?

35. Is the proposed development, the Official Plan Amendment and the Zoning By-law Amendment good urban design and in the public interest?

Conditions

36. In the event the proposed development is approved in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied:

37. the final form and content of the draft Official Plan Amendment and Zoning By-laws to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

38. the Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted a revised Transportation Impact Study or addendum, including a revised Transportation Demand Management Plan acceptable acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, and that such matters arising from such study, be secured if required; and

v. submitted a revised Arborist Report or addendum and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation;

3. the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

4. City Council has approved the Rental Housing Demolition Application 23 184481 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.

Armstrong/Heins/Floyd

Planning Act

1. Do the proposed official plan and zoning by-law amendments have sufficient regard to Section 2 of the Planning Act, particularly subsections (h), (n), and (r)(i)?

Provincial Policy Statement, 2020

2. Are the proposed official plan and zoning by-law amendments consistent with the Provincial Policy Statement, 2020, particularly Policies 1.1, 1.1.1, 1.1.3.2, through 1.1.3.4 and is it contextually appropriate as it relates to land use patterns, density, transit, and intensification or is in incompatible with the established character of the community and an attempt to ‘maximize’ as opposed to ‘optimize’ the subject site’s development potential?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020

3. Do the proposed official plan and zoning by-law amendments conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, and in particular Policies 1.2.1, and 2.2.1(2)(c) which address urban land supply and the use of infrastructure, and is it consistent with the height, scale, and mass of the existing and planned neighbourhood context?

Issues Specific to Official Plan Amendment

4. Is it premature and/or good planning to redesignate lands that do not form a part of a concurrent site-specific zoning by-law amendment?

5. Does the exclusion of the non-participating lands in the broader development scheme fragment those lands such that they may not be optimally developed in the future?

6. Would approving the proposed redesignations create an unacceptable relationship between the proposed development and 37 – 41 Henning Avenue until such time as those properties are developed?

City of Toronto Official Plan (April 2021)

7. Do the proposed official plan and zoning by-law amendments conform with the City of Toronto Official Plan, in particular Policies 3.1.2(1), 3.1.2(2), 3.1.2(5), 3.1.2(6), 3.1.2(7), 3.1.2(8), 3.1.2(9), 3.1.2(10), 3.1.3, 3.1.3.1, 3.1.3.3, 3.1.3.4(a), (b) and (c), 3.1.3.7 through 3.1.3.12, and 4.5(2)?

8. Do the proposed official plan and zoning by-law amendments undermine and/or destabilize the neighbourhood’s established identity and physical character; and appropriately transition toward the rest of the community recognizing that the predominant built form?

9. Do the proposed official plan and zoning by-law amendments provide for appropriate setbacks to neighbouring properties; protect privacy within adjacent buildings and public spaces through the provision of adequate tower separation; fit with the existing and planned built form context; provide for adequate transition in scale between buildings of differing heights and intensity; and address shadows, sunlight and sky-views?

Eglinton Park Residents’ Association

1. Is it right and reasonable to reclassify from residential to mixed-use the properties that lie outside the lands purchased for a development?

2. If properties outside the proposed development do remain classified and zoned as residential, is the built form of the proposed development in conformity with zoning regulations, particularly regarding the effects of propinquity to adjacent properties?

3. Can all parties be assured in legally binding ways that any built form agreed to will remain firm and not be subject to later major revisions?

ATTACHMENT 4

ORDER OF EVIDENCE

1. 27 Henning Avenue Limited

2. City of Toronto

3. Armstrong/Heins/Floyd

4. 27 Henning Avenue Limited, in reply (if any)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.

Witness Statements:

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;

• direct examination by any Party of similar interest, in the manner determined by the Tribunal;

• cross-examination by Parties of opposite interest;

• re-examination by the Party presenting the witness; or

• another order of examination mutually agreed among the Parties or directed by the Tribunal.

1379-8504-4493