35-storey tower next to John Fisher school looks set to move forward

The Toronto District School Board (TDSB) voted Wednesday to move ahead with the construction agreement it struck with the developer of a controversial 35-storey tower that will be built overlooking John Fisher Public School.

Parents and students protesting outside the school Wednesday morning had hoped the province might step in, saying that the contract will not fully protect students during construction.

The agreement approved by the board prevents construction from beginning until Oct. 15. That respite will give the board time to make the changes needed to keep the school open during the construction, according to an environmental risk assessment the TDSB ordered this year.

Changes to windows, air-conditioning

Those changes include new double-paned windows to minimize noise and the installation of air-conditioning units so that staff can keep those windows closed throughout construction.

But parent Mary Mowbray said she's worried about what will happen if the school isn't able to replace all the windows and air-conditioning units before the deadline.

"My biggest concern, forgetting all the past history, is that there was a risk assessment done [and] it stated that unless these mitigation measures were put in place it was not safe," she said.

"The agreement doesn't cover that."

Trustee Alexander Brown opposed the motion Wednesday for much the same reason.

He said he was concerned that there was no simple way to immediately stop construction if the board felt it posed a risk.

The agreement allows both the board and the developer, KG Group, to appoint third parties who can negotiate if they feel the construction poses a risk to health or safety. But Brown noted that if the developer's representative disagrees with the board's, the two parties will have to go to court to resolve the dispute.

An executive for KG Group, however, said it's taken "unprecedented" mitigation measures.

Those measures have also been endorsed by the environmental consulting firm that the board hired to perform its risk assessment, said Nathan Katz, KG Group's senior vice-president of planning and development.

Tory opposed to the development

Municipal politicians, however, have continued to voice their opposition to the project. Mayor John Tory told parents earlier this year that the city rejected the proposal but it was forced on them by the Onatario Municipal Board (OMB).

"I promise residents that this development will be held to the very highest standards when it comes to the health and safety of the children and the well-being of the neighbourhood and local families," Tory said in a statement.

Don Valley Coun. Jaye Robinson, who represents the area, said that the OMB's decision put the board in a difficult financial position as well.

"The TDSB is having to make a number of modifications to accommodate this development and they don't have the funds to do it," she said. "So all parties involved are very frustrated."