http://network.nationalpost.com/np/...battle-for-leslieville-begins-at-the-omb.aspx
The battle for Leslieville begins at OMB
Leanne Wild, 34, and her daughter Jubilene, 2 1/2, (named for the Hebrew word Jubilee, her mom says) arrived in the grand lobby at 655 Bay St. at about 11:15 a.m today. Both wore bike helmets; Jubilene wore mittens and little yellow rain boots. The little girl stood on the gleaming granite in the lobby, dwarfed by a cathedral ceiling, and asked: ‘Mom, can I have an apple?’
With Jubilene in a bike seat, mother and daughter had just rode in from Gerrard India Bazaar along the Dundas and Gerrard Street bike paths. It was an epic journey of sorts, from the little house she bought two years ago, across the river, through rain showers and down busy streets to the corridors of bureaucratic power.
They joined about 100 residents of Leslieville and environs who packed a sterile hearing room on the 16th floor of this building, home of the Ontario Municipal Board, to voice their opposition to a Smart!Centre plan to rezone about nine hectares of employment land on Eastern Avenue for a big box shopping plaza.
“We’re not shop owners,†said Ms. Wild, unwinding her long, damp scarf. “We’re just residential folks in the neighbourhood. I’m frustrated in general by Smart!Centres and the way they operate. I like the downtown small shops owned by local people.â€
The city last year turned down the Smart!Centres project; the company appealed to the OMB. Provincially appointed OMB judges have power to overturn council.
On Wednesday James McKenzie, who presides this hearing, was outraged when the lawyers told him the case would take 26 weeks. “This is not going to be an open-ended process,†he told the 16 lawyers. “Let me disabuse you of that notion right now.â€
After lunch the lawyers agreed with Mr. McKenzie to spend 17 weeks on the hearing, and wrap up by Oct. 2. Smart!Centres said its key witness will be Tom Smith, vice-president of development, who has taken his case directly to Torontonians over the past few weeks with appearances on television, radio and in print.
The City of Toronto and Smart!Centres have two lawyers each, as do the East Toronto Community Coalition, Talisker, which owns the BMW dealership near the Don Valley Parkway, Mark Flowers, who owns land east of the disputed property, and Loblaws, who own a store nearby.
People from the neighbourhood wore black T-Shirts with the slogan “Good Jobs Matter,†which the coalition was selling for $20 each. They say they prefer film jobs or other high-paying work to Wal-Mart jobs on the site. Toronto Film Studios is leaving the spot at the end of the year to go the new Film Port in the port;
Wal-Mart is the usual anchor tenant for Smart!Centres. I asked Dennis Wood, Smart!Centres’ lead lawyer, what he thinks of the slogan, “Good Jobs Matter.â€
“There’s a difference of opinion between my client and them about whether good jobs of the kind they’re talking about are achievable on that site,†Mr. Wood said.
“It’s the difference between 75% of something and 100% of nothing.â€
But Brendan O’Callaghan, the City of Toronto lawyer, said industrial and commercial users occupy 94% of the land from the Don River east to Coxwell Avenue, from Eastern Avenue to Lakeshore Boulevard, including Canada Post’s mammoth South Central processing plant and the Lever factory. He says rezoning land in the heart of this area for retail could cause all the others to rezone and close factories.
“It’s a tremendously successful employment area,†Mr. O’Callaghan said.
A win for either side may well not be the end of the story. Eric Gillespie, lawyer for the local residents, noted that his firm fought Smart!Centres for 10 years to keep Wal-Mart out of Guelph. In the end Smart!Centres settled, building a berm to protect a local Jesuit seminary from its big boxes, he said.
“The Jesuits just announced that they are going to begin a reforestation project that will take 500 years,†Mr. Gillespie said. So I guess the mitigation measures have worked.â€
But as he spoke, I could see the wheels turning in the head of his client, Kelly Carmichael, who heads the community coalition. “Ten years,†she was thinkin.
“I’ll have to sell a lot of t-shirts.â€
The hearing continues at 10 a.m. on Thursday.