Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 23, 2024
CASE NO(S).: OLT-24-000316
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2114778 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a 35-storey residential building containing 365 dwelling units, including 33 replacement rental units.
Reference Number: 23 217877 STE 11 OZ
Property Address: 40 Walmer Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000316
OLT Lead Case No.: OLT-24-000316
OLT Case Name: 2114778 Ontario Inc. v. Toronto (City)
Heard: September 20, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 2114778 Ontario Inc. | Matthew Schuman |
| City of Toronto | Jason Davidson Amrit Sandhu |
| 38 WR LP and the Trustees of the Walmer Road Baptist Church | David Bronskill |
| Annex Residents’ Corporation | Henry Wiercinski* |
| Toronto Standard Condominium Corporation 1896 | Michael Cook |
MEMORANDUM OF ORAL DECISION DELIVERED BY Eric S. Crowe ON SEPTEMBER 20, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) which is held in respect of an appeal filed pursuant to s. 34(11) of the Planning Act by 2114778 Ontario Inc. against the City of Toronto (“City”) for its refusal of a Zoning By-law Amendment application (“Application”).
2The purpose of the Application is to facilitate the development of a 35-storey residential building containing 365 dwelling units, including 33 replacement rental units, for the property at 40 Walmer Road (“Property”).
REQUESTS FOR STATUS
3Previously at the first CMC, the Tribunal granted Party status to;
- 38 WR LP and the Trustees of the Walmer Road Baptist Church;
- Annex Residents’ Corporation; and
- Toronto Standard Condominium Corporation 1896
4In addition, the Tribunal granted Participant status to;
- Barry Glaspell; and
- Gregory Sorbara
5There were no further requests for Party or Participant status.
UPDATES
6The Tribunal was in receipt of a draft Procedural Order and Issues List ("IL"). Mr. Schuman advised that the Parties have been collaboratively working on finalizing the IL and would be requesting a 15-day Merit hearing based upon the number of Parties and expert witnesses. The remaining Parties were in agreement with Mr. Schuman’s suggested timing.
HEARING DATE
7At the request of the Parties, the Tribunal scheduled a 14-day Merit Hearing for Monday, February 3, 2025, at 10 a.m. until Friday February 21, 2025 by video hearing. The Tribunal noted it will not be sitting on Monday, February 17, 2025 due to the Statutory Holiday.
8The Merit Hearing is scheduled to proceed by video as follows:
GoTo Meeting: https://meet.goto.com/278736685
Access Code: 278-736-685
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.
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 at: 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 by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is the same 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.
ORDER
13THE TRIBUNAL ORDERS a 14-day Hearing scheduled to commence on Monday, February 3, 2025, at 10 a.m. by video hearing.
14THE TRIBUNAL DIRECTS the Parties to submit a finalized draft Procedural Order and Issues List to the Case Coordinator on or before Friday, September 27, 2024.
15No further notice is required.
16The Member is not seized of this matter.
“Eric S Crowe”
ERIC S. CROWE MEMBER
Ontario Land Tribunal Website: www.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.