Yorkville condo and Queen’s Park battle it out

Fears over project’s impact on legislature building playing out in court

While the Ontario Municipal Board (OMB) ruled in favour of a condo project slated for the current Four Seasons site near the corner of Avenue Road and Bloor Street, the provincial Speaker of the house is heading to court in hopes of getting the decision overturned in order to preserve the unique presence of the historic Ontario legislature building in the city.

Speaker Steve Peters has the power to make decisions on behalf of the Ontario legislature. He sought grounds for an appeal of the OMB decision at divisional court last month, claiming the development of a 133-metre condo and a 127-metre condo (approximately 40-storeys and 42-storeys) at 21 Avenue Rd. would sully a culturally important vista. “In a nutshell, we didn’t agree with the decision that was made,” said Peters, regarding the action he is taking.  

Representing the Speaker at the appeal was lawyer Orestes Pasparakis, who argued that errors were made during the OMB decision process. Firstly, Pasparakis said, the board should have considered specific city planning guidelines for the University of Toronto area that also apply to the legislature. Had this been done, he said, then the OMB would have had at its disposal specific policies that protect select heritage buildings and vistas. He also said the OMB should have picked a more southern location to view the legislature’s vista from, which would have made the potential condo obstruction more noticeable. 

According to lawyer Chris Paliare, who represented condo developer Menkes at the grounds for appeal hearing, the OMB decision was a complicated one that included weighing many planning and policy guidelines. Paliare also noted that both the city planning department and the developer agreed with the OMB’s final decision.

Coun. Kristyn Wong-Tam said, while it’s unfortunate that the city’s work may go to waste, she agrees the legislature’s vista should be protected: “There has to be a sense of common purpose when it comes to preserving our cultural institutions, the historical institutions of our city."

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