A local resident’s group fears a new development will spoil the view from Casa Loma, so it’s resorted to the court system to try to get the project changed.
THE TORONTO STAR
By Noor Javed – Staff Reporter
Dec. 8, 2024
Robert Levy, president of the Casa Loma Residents Association, said his group has asked a condo builder to preserve part of a heritage building and to not obscure the historic view of downtown from the area. “We were completely ignored,” he said. Michelle Mengsu Chang Toronto Star
A Toronto-area residents group says it has no choice but to turn to the courts to have its voice heard on a condo project near Casa Loma that it fears will destroy a rare historic building and obstruct some of the famous view of the downtown core from the tourist attraction.
The Casa Loma Residents Association says its efforts to use the court system to challenge a municipal planning decision to approve a midrise condo project is slow and time-consuming, but it’s the only recourse left to groups like them after the Doug Ford government passed Bill 185 Cutting Red Tape to Build More Homes Act earlier this year, removing the ability of third-party groups to appeal development decisions at the Ontario Land Tribunal.
“Community groups like ours have lost the right to appeal development decisions,” said Robert Levy, the president of the residents association. “So now there’s even less transparency around how planning decisions are being made.”
The residents group says its case is unique because it isn’t fighting the project, its density or its location. Its main ask has been for the developer to preserve part of a historic 1930s building that housed the Barker’s Bread Bakery and to make sure the eight-floor condo doesn’t obscure the view of downtown from Casa Loma.
“We were completely ignored,” said Levy.
The historic bakery building at the southeast corner of Walmer and Davenport Roads with Art Deco facade. Michelle Mengsu Chang Toronto Star
“There was willingness to address the issues — keep the facade, shift some of the density. It was never about stopping the project,” he said. “It was really about citizens trying to make their city better.”
Levy said after months of trying to find common ground with the city and Zinc Developments, which is building the eight-storey 143-unit condo project at 555 Davenport Rd., the group filed an appeal at the Ontario Land Tribunal (OLT) last year.
But instead of hearing the case, the adjudicator dismissed the appeal in February — at the request of the developer — saying that the concerns of the residents association were “not based on a valid land use planning ground” and “had no reasonable prospect of success.”
The group then appealed the dismissal to the court system, during which time Bill 185 was enacted, cancelling the ability of all third-party groups to appeal development decisions at the land tribunal.
Richard Macklin, the lawyer representing the group, said because it was appealing an OLT decision at divisional court, and not within the tribunal, it was unclear if Bill 185 applied to them — and so it has continued its appeal process.
“We are in this legal limbo,” he said, arguing that the new law doesn’t apply to cases outside the OLT. He said the group has filed a judicial review of the OLT decision. A hearing date has been scheduled for February. The city approved the development in May 2023.
Developer Ken Zuckerman, the president of Zinc Developments said he couldn’t comment on the ongoing case.
“Due to the ongoing legal challenges by the CLRA we have been advised by our legal counsel not make any comments until the conclusion of the litigation,” he said in an email.
Levy said the residents group appealed the city’s approval of the condo after extensive efforts to have the unique property deemed heritage, which would give it special protections.
Levy said the city’s heritage planning department had determined that the building — designed by the same architects who designed the ROM and Princess Gates — met the stringent criteria for full designation set out in the Ontario Heritage Act.
But Levy said that despite this, the city decided at the last minute to drop the endorsement for heritage designation and only preserve a small part of the building, according to documents the residents’ group obtained through a freedom of information request.
“We never got an answer from the city about why they changed their mind,” he said. “We are asking for two reasonable compromises that will make this project better: preserve some heritage, preserve views that are enjoyed by community. We don’t have that many special areas — like Casa Loma — in Toronto.”
In an email, Catherine Jung, an urban planner with the city, said the developer had “explored potential retention strategies, however, (they) learned that any retained façade would require substantial reconstruction.”
Jung added that the “approved application proposes integrating part of the principal façade of the existing building as a commemorative element within the new development as part of a larger commemoration plan.”
The residents’ group also argues that the condo will block views of the downtown core from the Casa Loma area, which are to be protected under the city’s official plan. It requires new developments to “maintain views to and from the Lake Iroquois Escarpment, including the Casa Loma/Spadina House complex.”
The residents group says that the policy protects not only views from Casa Loma to the downtown core, but should also include nearby vantage points. It said it tried to work with the city and developer to adjust the plans for the condo so this view would be protected.
In an email, Jung said staff “examined the protected views of the area, finding the scale of the development would protect the distinctive characteristics and maintain views to and from the Casa Loma/Spadina House complex, in accordance with city policies.”
She said the city “considered views to and from Casa Loma and Spadina House as well as from the Baldwin Steps during both summer and winter seasons. In addition, views from Casa Loma to the financial district skyline, and of Casa Loma and its towers from the east side intersection of Dupont Street and Spadina Road were considered.”
Macklin said this discussion should have taken place at the OLT to understand the scope of the city policy, instead of an outright dismissal of the case.
Local city councillor Josh Matlow said he’s tried to help the two sides find a solution outside of the courts:
“I’ve been telling both parties that a solution that respects heritage without losing a unit of new housing is possible,” said Matlow. “It’s unfortunate that so much time has been needlessly wasted.”
Levy agreed that the legal fight has been a “complete waste of time” and said the group is still hoping to come to an out of court agreement with the developer.
Macklin concedes that the court process has bogged down the case, but said it’s the only option available left for those who want to participate in the planning process:
“The Ford government passed a relatively draconian bill severely curtailing community involvement in municipal development projects,” he said. “The government thinks that Bill 185 has fixed the housing crisis for them by silencing all the community groups. From our point of view, it’s not that simple.”
Noor Javed is a Toronto-based reporter for the Star covering city news with interest in 905 municipal politics. Follow her on Twitter: @njaved
