Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 1, 2025

CASE NO(S).: OLT-24-001246, OLT-22-004851

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Sanderling Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To remove requirement to replace office gross floor area as part of rezoning application Reference Number: 24 164643 NNY 15 OZ Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-24-001246 OLT Lead Case No.: OLT-24-001246 OLT Case Name: Sanderling Developments 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: Sanderling Developments Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of a 32-storey mixed-use building with 249 residential units Reference Number: 21 219614 NNY 15 OZ Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-22-004851

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended

Appellant: Sanderling Developments Limited Subject: Site Plan Description: To permit development of a 32-storey mixed-use building with 249 residential units Reference Number: 21 237238 NNY 15 SA Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-22-004852

Heard: March 26, 2025 By Video Hearing

APPEARANCES:

Parties Sanderling Developments Limited

Counsel David Bronskill

Parties City of Toronto

Counsel Jessica Amey Sarah O’Connor

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON MARCH 26, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) held in preparation for a Hearing of the Merits of the appeal by Sanderling Developments Limited (“Appellant”) pursuant to s. 22(7), s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes for the proposed Official Plan Amendment, (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan Application.

2The OPA, ZBA, and Site Plan applications seek to permit the development of a 32-storey mixed-use building with 249 residential units.

3The location of the Subject Property is 586 Eglinton Avenue East in the City of Toronto. The Subject Property is located on the north side of Eglinton Avenue East, approximately 167 metres west of Bayview Avenue. The Subject Lands are rectangular in shape with an approximate area of 1,645.20 square metres. The Subject Lands have a frontage of approximately 38.53 metres on Eglinton Avenue East, with a depth of approximately 42.65 metres.

Service of Notice of CMC

4The Tribunal received a Supplementary Affidavit of Service dated, March 25, 2025, confirming that proper Notice of this first CMC pertaining to the OPA had been served and was marked as Exhibit 1.

Requests for Party Status

5The Tribunal received one Party Status request from the Counsel (Connor Harris) to Metro Real Estate Limited (“Metro”).

6Mr. Harris explained that Metro is the owner of a property located at 656 Eglinton Avenue East. The Metro’s property is located immediately to the east of the Appellant's lands that are subject to the application at issue in this appeal. Metro has owned the property for many years and has operated a supermarket on it during that time. The Tribunal heard that the Metro’s property has substantial redevelopment potential, and it is likely that Metro will initiate that process with respect to a future proposal for mixed-use redevelopment of the property. Any such proposal would maintain the operation of a supermarket on the property, while adding residential and other uses that may in turn affect the Appellant’s applications, which are at issue in this appeal. Mr. Harris stated that no Party will be unduly prejudiced if Metro is granted Party status in the appeal.

7The Appellant and City did not object to the granting of Party Status to Metro.

PARTICIPANT STATUS REQUESTS

8The Tribunal notes that at a prior CMC three requests for Participant Status were granted.

MEDIATION

9The Parties indicated that they have had the benefit of mediation prior to this CMC, which aided in scoping the Issues that will be brought before the Tribunal during the Merit Hearing.

CMC HEARING

10The Tribunal heard that the Appellant has recognized the need for an OPA since its initial submission of the ZBA and Site Plan application appeals.

11The Parties on consent, requested the consolidation of the OPA and ZBA which, they determined, would be the most expeditious means of moving the appeals forward.

12Until the determination of the OPA and ZBA appeals by the Tribunal, the Parties requested that the Site Plan application appeal be held in abeyance.

13The Parties further requested a Merit Hearing be set for eight-days based on the number of witnesses and Issues List.

14Having granted Party Status to Metro at this CMC, the Tribunal directed Mr. Bronskill to submit to the Tribunal a draft Procedural Order (“PO”) and Issues List (“IL”) inclusive of any issues being raised by Metro through the Case Coordinator for the Tribunal’s consideration and approval. The Tribunal directs the Parties to submit the PO and IL no later then Friday, April 18, 2025, for the Tribunal’s consideration.

15Accordingly, the Tribunal directs that a Merit Hearing commence on Wednesday, October 15, 2025, at 10 a.m. by video conference.

16Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://meet.goto.com/996288525

Access code: 996-288-525

17Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

18Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1(888) 455-1389 or +1 (647) 497-9391. The Access Code is indicated above.

19Individuals 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.

ORDER

20THE TRIBUNAL ORDERS an 8-day Merit Hearing to commence on Wednesday October 15, 2025, at 10 a.m. by Video Hearing.

21THE TRIBUNAL ORDERS that Metro Real Estate Limited is granted Party Status to these proceedings.

22THE TRIBUNAL ORDERS that Case No. OLT-22-004851 and OLT-24-001246 be consolidated for the purpose of the above noted 8-day Merit Hearing.

23This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

24No further notice will be given.

“D. Chipman”

D. CHIPMAN

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.