Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: MAY 02, 2025
CASE NO.: OLT-24-000923
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 137 Isabella Street Limited and 141 Isabella Street Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 69-storey residential building
Reference Number: 24 119153 STE 13 OZ
Property Address: 137-141 Isabella Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000923
OLT Case Name: 137 Isabella Street Ltd. and 141 Isabella Street Ltd. v. City of Toronto
BEFORE:
WILLIAM MIDDLETON
Friday, the 2nd
VICE-CHAIR
day of May, 2025
THE TRIBUNAL having issued a Decision on December 13, 2024 arising from the Case Management Conference held on December 6, 2024 (“Decision”);
AND THE TRIBUNAL having granted, pursuant to the Decision, Participant status to Mr. Robert Bernstein who advised that he was a resident at a condominium complex nearby to the Subject Property described in the Decision and who also advised that his condominium association may also be interested in seeking Participant status in this proceeding;
AND THE TRIBUNAL having expressed in the Decision that Mr. Bernstein’s condominium association ought to proceed quickly if it intended to seek Participant status;
AND THE TRIBUNAL having duly issued an amended Procedural Order in this proceeding which required that all Participant written submissions were to be delivered on or before April 18 2025, and having received written submissions from Mr. Bernstein on April 3 2025;
AND THE TRIBUNAL having received correspondence dated April 24 2025 from counsel for condominium association Municipal Toronto Condominium Corporation MTCC 780 (“MTCC 780 “) which for the first time, notwithstanding its apparent prior knowledge of the Decision, sought Participant status and which also delivered written submissions, and having also received correspondence dated April 25, 2025 from the Appellant’s counsel objecting to the granting of such Participant status to MTCC 780;
AND THE TRIBUNAL having been advised by the Parties that this proceeding has been settled and that the Parties’ settlement will be presented to the Tribunal at a hearing now scheduled to take place on May 16 2025;
AND THE TRIBUNAL having considered the provisions of Rules 1.2, 1.3 and 7.7 of the Ontario Land Tribunal Rules of Practice and Procedure and having considered such Orders that offer the best opportunity for a fair, just, expeditious and cost-effective resolution of this proceeding;
AND THE TRIBUNAL having determined that notwithstanding the contrary directions contained in the Decision, MTCC 780 has inordinately delayed without adequate explanation: (i) the identification of its possible interest in this proceeding and (ii) its request for Participant status,
THE TRIBUNAL ORDERS THAT:
Participant status shall not be granted to Municipal Toronto Condominium Corporation MTCC 780;
Pursuant to Rule 7.7 of the Ontario Land Tribunal Rules of Practice and Procedure, the written submissions of Municipal Toronto Condominium Corporation MTCC 780 (“Written Submissions”) will remain in the case file of the Tribunal pertaining to this proceeding; and
The Tribunal Member presiding at the hearing now scheduled for May 16 2025 hearing shall determine what, if any, consideration shall be given to the Written Submissions.
“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.