Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 07, 2025
CASE NO(S).: OLT-24-000914
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: St Gaspar’s Development Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of stacked townhouses
Reference Number: 23 203652 WET 07OZ
Property Address: 135 Plunkett Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000914
OLT Lead Case No.: OLT-24-000914
OLT Case Name: St Gaspar’s Development Corp v. Toronto (City)
Heard: January 13, 2025, Via Video-Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| St. Gaspar’s Development Corp. | Michael Foderick Jamie Cole |
| City of Toronto | Adam Ward |
DECISION DELIVERED BY N. EISAZADEH AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Decision arises from a Merit Hearing of the appeal filed by St. Gaspar’s Development Corp. (“Applicant”) against the City of Toronto (“City”) for refusing an application to amend the City’s Zoning By-Law No. 569-2013 (“ZBA”) pursuant to s. 34(11) of the Planning Act1 (“Act”). Approval of the application would facilitate the development of six blocks of stacked, back-to-back townhouses (“Proposed Development”) at the property municipally known as 135 Plunkett Road (“Subject Property”).
2Comments from the public during the municipal application process, and ultimately leading to this appeal, were divided. While some were supportive, other community members were in opposition of the Proposed Development, primarily citing concerns with density, built-form, and other related issues. On May 23, 2024, notwithstanding two City staff reports which recommended approval, City Council refused the application without any cited reasons. On June 6, 2024, the Applicant filed this appeal.
3For the reasons that follow below, the Tribunal determines that the appeal is allowed in principle, and the requested relief is granted, subject to conditions of approval.
NOTICE
4A Merit Hearing was scheduled directly as the first hearing event in this matter, without the need for a prior Case Management Conference. Accordingly, the issue of Notice of Hearing (“Notice”) was addressed. Counsel for the Applicant facilitated service of the Notice. On November 14, 2024, service of the Notice via Canada Post, as well as electronic means where possible, was initiated. Due to the Canada Post labour disruption, which commenced on November 15, 2024, Counsel for the Applicant helped facilitate further service of the Notice via both courier and process server between December 3, 2024, to December 5, 2024. An abridgment of time for short service of the secondary Notices via courier and process server, as well as validation of service, was sought and granted. The Affidavits of Service in relation to same were marked as the following Exhibits:
I. Exhibit 1: Affidavit of Service of Robert Daniel Edward Jefferson sworn November 26, 2024;
II. Exhibit 2: Affidavit of Service of Norman Ng sworn December 4, 2024; and
III. Exhibit 3: Supplementary Affidavit of Service of Robert Daniel Edward Jefferson sworn December 13, 2024.
STATUS REQUESTS
5The Tribunal received two requests for Participant status. The first was from Grant Evers as President and non-legal representative of Humber Summit Residents’ Association (“HSRA”), dated January 13, 2025. The HSRA was incorporated in 2016 and is comprised of property owners, residents, and tenants residing within the Humber Summit neighbourhood, where the Subject Property is located, to address matters of local concern. The HSRA filed a 20-page document comprising its Participant Statement, setting out it’s issues and concerns with the Proposed Development. Having a direct interest in the matter, and with no objections from either of the Statutory Parties, Participant status was granted to the HSRA, and its Participant Status Request and Statement Form was marked as Exhibit 4.
6The second Participant Status Request Form was from Mr. Anthony Perruzza, dated January 13, 2025, and marked as Exhibit 5