By all accounts, tenants at 3636 Bathurst St. have been quite happy with their residences in the 19-storey apartment building. Many, including a good number of observant Jews, have lived in the midtown Toronto highrise for years. But for dozens, that may soon come to an end if the landlord’s plan to redevelop the site is green-lighted by city officials.

A couple dozen tenants attended a tenants’ meeting at the end of June to hear about proposals for the building, while about 50 attended a community consultation meeting May 26, and many were shocked by what they say is the cavalier attitude of city planners, who acknowledged that some tenants would have to leave once renovations commence. Some of the elderly tenants who do not wish to be uprooted became very emotional at one of the meetings, The CJN was told.

One tenant, who declined to be identified, said he was stunned to hear a city planner agree that even if a tenant had not found an alternative home, they could end up on the street.

“At the meeting with the city, I asked the city representative what happens if they can’t find anything. Will that mean that the person ends up on the street?” he asked. “He said, ‘yes.’ I was horrified. This is unacceptable,” the tenant told The CJN.

Morley Rand has been a tenant in the building for 20 years, and he’s more upset with the city than he is with the landlord.

“The city position must be neutral and it is not. As far as I am concerned, and that is the position of many of the tenants of the building, the city attitude, aggressiveness, disregard of tenants’ rights and a careless attitude is the problem here and not the builder,” he said.

“The city is supposed to be there to protect the tenants, but they lack the will or outright don’t care about the tenants and are just interested in more revenue from the taxes that will be generated from the [redevelopment]. Rather than take a neutral position, they are taking the position of the builder and will do what is necessary to help the builder accomplish what he wishes to do,” he added.

City officials denied suggestions they were one-sided or that a decision on the project had been made.

Sharon Hill, manager of policy for city planning, said she was aware of the allegations against one of her staff and has looked into it. “We are satisfied that city staff acted in a very professional manner at the meeting,” she said.

Al Rezoski, manager of community planning in the North York district, said  “there is quite a bit of sensitivity to this development.” The city consulted with people in the neighbourhood and with tenants, but no decision has been made whether to approve the project or not.

Ultimately, city staff’s recommendations will go to community and city councils for final approval, “but we’re not there yet,” he said.

The building at the heart of the issue is a familiar landmark in the Bathurst corridor, a few blocks south of Highway 401 and just north of Neptune Drive. With more than 200 units, it includes spacious apartments, air conditioning, ample parking and – to cater to its many observant tenants – a Shabbat elevator and Shabbat entry doors.

The landlord, Pinedale Properties, calls the building its “flagship rental property.”

Rand said he’s been quite happy in his three-bedroom apartment – till recently. About five years ago, Pinedale, a privately held family company, proposed adding another 19-storey tower and two smaller nine- and seven-storey residences, along with some commercial space at ground level, additional parking, landscaping and other changes.

Over the years, the proposal has changed. As of February 2016, the landlord’s resubmission called for a 10-storey northern addition and a nine-storey addition to the south of the current building. The originally proposed 19-storey structure has been dropped.

But according to City of Toronto documents, “a total of 46 rental units in the existing building are proposed to be demolished and replaced in the new addition.”

Rand’s apartment is one of the units slated to be demolished, and he’s not  happy about it. There’s no building in the area that comes close to providing the amenities available at 3636 Bathurst, including Shabbat elevator and doors, within walking distance to synagogue, and at a price that is reasonable, he said.

He’d like Pinedale to make him whole by finding him a similar apartment and paying his moving costs, among other demands.

But he’s not optimistic about finding a mutually agreeable solution. He’s already contemplating legal action, including a complaint on human rights grounds, arguing that being forced to move would prevent him from practising his faith and that observant tenants would be affected by the construction, which could go on for years and which includes work and noise that would disrupt the Sabbath.

He is also contemplating legal action under the Charter of Rights pertaining to religious and age discrimination, citing the Saturday construction schedule stated by Pinedale.

His demands on behalf of other tenants include “religious consideration – reasonable walking distance from your replacement unit to your regular synagogue for Saturdays and holidays” and “for Shabbat observers who do not use an elevator, Pinedale will provide a replacement unit on a floor no higher than their previous existing floor,” he stated.

“There are still a certain number of Orthodox people here, and it’s important for them for it to be quiet on Shabbat,” the anonymous tenant said. “To have noise on the whole day of Saturday is outrageous.”

The tenant also raised concerns about traffic in front of a nearby seniors residence and during pickup and drop-off at a nearby Associated Hebrew Schools branch, caused by the construction.

Add in the noise, increased density, traffic and an inadequate sewer system, which already backs up during heavy rains, and the tenant opposes the  project in its entirety.

In an email to The CJN, Pinedale acknowledged it had yet to receive approval for a zoning bylaw amendment and site plan approval.

As for the tenants, Pinedale will comply with provincial and municipal legislation to set out a “tenant relocation and assistance plan” that accommodates residents, including compensation of three months rent or the offer of another unit.

“Pinedale has gone beyond the minimum requirements prescribed” in municipal and provincial law, the landlord stated.

“All the tenants living in units to be demolished will be given an assistance package. Pinedale will help the vulnerable and special needs tenants find accommodation,” it added. n