Construction at 411 Duplex Avenue/
33 Orchard Park Boulevard (North Toronto)
(City Council on October 28, 29 and 30, 1998, deferred consideration of this Clause to the
next regular meeting of City Council to be held on November 25, 1998. (Please note that
Notice of Motion J(13) to re-open consideration of the policy pertaining to Council office
budgets, in order to give consideration to Recommendations Nos. (1) and (2) embodied in the
foregoing Clause, was not adopted by Council.)
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(Clause No. 66 of Report No. 12 of The Toronto Community Council)
The Toronto Community Council recommends that:
(1)City Council establish that the expenditure of the Councillor's Communications
Budget is entirely within the discretion of the Councillor, and that public scrutiny
ensures the necessary accountability, and that no approval of the request by Councillor
Walker is required;
(2)in the event that Recommendation No. (1) fails,
(a)a grant in the amount of $5,000 be give to the 33 Orchard View Boulevard and 411
Duplex Avenue Tenant Association, for the purpose of engaging legal and consulting
assistance in the tenant appeal to the Ontario Housing Tribunal for a rent abatement;
(b)the grant be deemed to be in the interest of the municipality; and
(c)the funds be provided from Councillor Walker's Communication Budget; and
(3)officials from the City Works and Emergency Services, Noise Section, Urban
Planning and Development Services, Inspections Division and Public Health be
instructed to give the issues raised by the tenants at the public meeting held on October
6, 1998, the highest priority by dedicating staff to bringing the intolerable situation to an
end.
The Toronto Community Council submits the following communication (October 7,
1998) from Councillor Walker:
Recommendation:
1.That the Toronto Community Council recommend that the City of Toronto instruct the City
Solicitor, the Director of Policy and Programs, Shelter, Housing and Support Division and
other appropriate City staff to assist tenants at the above premises in their appeal to the
Ontario Housing Tribunal for a rent abatement; and,
2.That Toronto Community Council recommend that the City of Toronto instruct staff from
City Works and Emergency Services, Noise section, Urban Planning and Development
Services, Inspections Division and Public Health to give this issue the highest priority by
dedicating staff to bringing this intolerable situation to an end.
Background:
On October 6, 1998 I held one of the largest public meetings on tenant issues that I have seen
in the last three years. Over 250 tenants from 411 Duplex Avenue and 33 Orchard View
Boulevard packed the gymnasium at St. Monica's School, with some having to stand in the
hallway due to the shortage of seating. The tenants raised several concerns with regards to the
living conditions in these buildings. City Staff from Inspections, Noise Division, Planning and
Housing were on hand to answer questions directed to them.
The problems discussed stem from three main factors:
i.Construction of a multiplex cinema at the Yonge-Eglinton Centre is taking place outside the
hours permitted by the City of Toronto noise By-laws. Delivery trucks arrive as early as 4:30
a.m., unloading materials in the narrow lane-way that runs between the two buildings. Jack
hammering and other construction noise can be heard prior to 7:00 a.m. with the elevated
noise levels often continuing as late as 2 o'clock in the morning. Balcony reconstruction is
taking place at both buildings and tenants have not been permitted to use them for the last
several months. Furthermore, the increased noise and dust levels created by the construction
do in my opinion, pose a serious health hazard to tenants in these buildings. One gentleman at
the meeting demonstrated this by displaying a filter from his air conditioning unit. It had been
installed only 6 weeks before and now was completely covered in black dust. He explained to
the crowd that he has had to purchase and change the filters once a month because the
property manager would not do it.
ii.General problems including broken elevators, mice infestation, the landlord refusing to deal
with disruptive tenants, disconnection of cable television, front doors to apartments not
fire-rated and repairs not being completed in apartments are apparent.
iii.Misuse of new powers given to the landlord under the Tenant Protection Act include:
eviction notices being sent to certain tenants improperly or without cause, the landlord
attempting to force tenants to sign agreements waiving their right to appeal for a rent
reduction, and the landlord on numerous occasions has illegally entered tenants' apartments
without giving any prior notice.
I therefore ask the Toronto Community Council to adopt the above recommendations and help
the tenants of 411 Duplex Avenue and 33 Orchard View Boulevard return to living in the
peaceful and tranquil environment to which they have a right.
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Councillor Johnston declared her interest in the foregoing matter insofar as that she is a tenant
at a property owned by the landlord of the subject properties.
Respectfully submitted,
COUNCILLOR KYLE RAE,
Chair
Toronto, November 12, 1998
Frances M. Pritchard
Tel: (416) 392-7033