DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
Party status was conferred to Thompson Orchard Community Association (“TOCA”) which is an Association representing approximately 330 households residing in the geographic area bounded by Bloor Street on the north, Royal York Road to the east and Mimico Creek to the west and south. TOCA has set out five principle concerns in the request for Party status including stormwater management, impacts on surrounding green space, the height and massing of the proposal, traffic volumes and infiltration and pedestrian safety. The concerns had been discussed with Counsel for the Appellant and the City with neither objecting to the request. While it is acknowledged that there may be overlap with the yet to be crystalized Issues of the City which will be determined by Council on Thursday, July 15, 2021, TOCA never-the-less desires to maintain independent Party status rather than rely upon the City to advance its concerns, and after being fully apprised of, and acknowledging the responsibilities and obligations of Party status by the Tribunal, was conferred party status.
Requests for participant status were received in accordance with the notice requirements from David Amato and Meaghan Payne, jointly representing 47 households generally residing on streets in the area to the north and east of the subject lands. The objections of the unincorporated group are broadly characterized as related to the size and massing of the proposal together with the proposed driveway/entrance on Montgomery Road, the flankage of this corner property. Participant status was conferred. It is noted by the Tribunal that Adrian Bulfon of 12 Montgomery Road is included as on of the 47 households despite his appearance and request for participant status which was not supported by the required written request prior to the hearing event in accordance with Tribunal protocol. Mr. Bulfon was advised that upon written submission of his request, the status request would be revisited. Subsequent to the hearing, Mr Bulfon withdrew his request for independent participant status, preferring to maintain his interest as on of the group of 47.
Sunnylea Kingsway Community Association (“SKCA”) representing the area bounded on the west by Mimico Creek, north by Dundas Street West, on the east by the Humber River and on the north by Dundas Street West sought and was conferred participant status. SKCA identifies three areas of concern, citing height, massing and public safety and amenity within the public realm raising issue with pedestrian safety and comfort.
Joseph Sunday submitted a request for participant status, absent of any reasons or concerns and has been requested by the Tribunal to elaborate his concerns in order that his request might be revisited.
The prospect of the Parties entering into meaningful Tribunal lead mediation was favourably received by the Parties, discussed with respect to the protocol particularly as it would pertain to unincorporated interests and it was agreed that the matter would be fully explored and reported upon at a status Telephone Conference Call (“TCC”) scheduled for Tuesday, August 31, 2021, at 9 a.m. to finalize the Procedural Order and Issues list, and revisit the Party and Participant status, as necessary.
Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
Given the identified principal areas of concern, it was agreed that a ten-day hearing on the merit would be required and was set to commence Monday, May 30, 2022, at 10 a.m. until Friday, June 10, 2022, unless scoped following either mediation or resolution of Issues following the execution of the Statement of Agreed Facts by the witnesses of like disciplines, or the exchange of Reply witness statements which the Tribunal directs to be completed no later than 65 days prior to the commencement of the hearing.
A hearing plan is to be submitted to the Tribunal within two weeks of the exchange of the Reply statements.
All of these monuments are to be established in the Procedural Order (“PO”), together with the deadline for Participants to submit their final statements for consideration by the Parties and presiding Panel. The draft PO is to be submitted to the Tribunal no later than Tuesday, August 24, 2021.