Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 19, 2021 CASE NO(S).: PL180431

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wells Gordon Limited Subject: Application to amend Zoning By-law No. 438-86 and 569-2013, - Refusal or neglect of City of Toronto to make a decision Existing Zoning: Pleasant Road is zoned CR 3.0 (c2.0; r2.5) SS2 (x2417) and Brownlow Avenue, is zoned R (do.6) (x218) and R (do.6) (x914). Proposed Zoning: Site Specific (To be determined) Purpose: To permit the expansion of the existing Briton House Retirement Centre Property Address/Description: Various Addresses Municipality: City of Toronto Municipality File No.: 17 257139 STE 22 OZ OLT Case No.: PL180431 OLT File No.: PL180431 OLT Case Name: Wells Gordon Limited v. Toronto (City)

Heard: July 22, 2021 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
Wells Gordon Limited	Bruce Engell*
City of Toronto	Alexander Suriano* (absent Ben Baena*)
South Eglinton Ratepayers’ and Residents’ Association	Andy Gort
Royalwood Developments Limited	Calvin Lantz*
Toronto District School Board	Julie Lesage* and Pitman Patterson* (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JULY 22, 2021 AND ORDER OF THE TRIBUNAL

1This Decision and Order results from the second Case Management Conference (“CMC”) by video hearing (“VH”) on the appeal by Wells Gordon Limited (the “Applicant/Appellant”), pursuant to s. 34(11) of the Planning Act (the “Act”), from the City of Toronto’s (“City”) failure to make a decision on the requested Zoning By-law Amendment (“ZBA”) within the timeframe prescribed under the Act.

2The purpose of the requested ZBA is to permit the Applicant/Appellant to proceed with its development at the lands known municipally as 700-730 Mount Pleasant Road; 214-226 Soudan Avenue; and 19-21 Brownlow Avenue, in the City (collectively “the subject lands”), including a proposed expansion of the existing Briton House Retirement Centre and proposed seniors ownership housing (i.e. condominium apartments) with access to support services. The proposed development continues to evolve through ongoing discussions amongst the Parties.

3The key purpose of this CMC was to review possible progress towards a settlement and if one was reached to conduct a settlement hearing. The parties informed the Tribunal that they continue to work and have achieved efficiencies within the Issues List. The Tribunal directed that a revised Procedural Order be provided to the Tribunal no later than July 28, 2021. This has since been received.

4The Tribunal orders that the hearing previously scheduled to commence on Monday, January 10, 2022 for a duration of five days shall be governed by the Procedural Order issued as Attachment 1 with this decision. There is no change to technical details for the hearing, but it is included below for quick reference.

5Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/320642925

Access code: 320-642-925

6Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 320-642-925.

8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

9This Member is not seized.

10This Member may be contacted for case management purposes.

“Jatinder Bhullar”

JATINDER BHULLAR MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Local Planning Appeal Tribunal

Procedural Order

ISSUE DATE: CASE NOS.: PL180431

LOCAL PLANNING APPEAL TRIBUNAL

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Wells Gordon Limited Subject: Application to amend Zoning By-law No. By-law 438,86 and 569-2013, - Refusal or neglect of City of Toronto to make a decision Existing Zoning: Pleasant Road is zoned CR 3.0 (c2.0; r2.5) SS2 (x2417) and Brownlow Avenue, is zoned R (do.6) (x218) and R (do.6) (x914). Proposed Zoning: Site Specific (To be determined) Purpose: To permit the expansion of the existing Briton House Retirement Centre Property Address/Description: Various Addresses Municipality: City of Toronto Municipality File No.: 17 257139 STE 22 OZ LPAT Case No.: PL180431 LPAT File No.: PL180431 LPAT Case Name: Wells Gordon Limited v. Toronto (City)

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, January 10, 2022, at 10:00 a.m.

3. There will be a second Case Management Conference to be held on Thursday, July 22, 2021, at 10:00 a.m. to address any changes to the Issues List as set out below, or as a settlement hearing, if a settlement has been reached by the parties.

4. The parties' initial estimation for the length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

5. The parties and participants identified at the case management conference are set out in Attachment 1.

6. The issues identified to date are set out in the Issues List attached as Attachment 2. Issues may be removed, added, or revised arising from the revised development proposal circulated on Friday March 12, 2021, with such changes to be finalized before or at the second Case Management Conference. If the appellant intends to seek approval of a further revised proposal at the hearing, the appellant shall provide to the other parties copies of the revised proposal, including any revised plans, drawings, proposed instruments, updated supporting documents and reports on which the appellant seeks to rely, on or before Monday, July 12, 2021. The appellant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing. After the second Case Management Conference, there will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

7. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible—ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, November 1, 2021, and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before Monday, November 15, 2021, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the LPAT case co-ordinator on or before Monday, December 20, 2021.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before Monday, November 29, 2021, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the LPAT case co-ordinator and in accordance with paragraph 23 below.

15. On or before Monday, November 29, 2021, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Monday, December 20, 2021, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before Monday, December 13, 2021, the parties may provide to all other parties and the LPAT case co-ordinator a written response to any written evidence in accordance with paragraph 23 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator on or before Monday, December 20, 2021.

19. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the LPAT case co-ordinator, on or before Thursday, January 6, 2022.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, January 3, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

25. A summary of the various filing dates is contained in Attachment 4.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

Attachment 1

Parties

Wells Gordon Limited WeirFoulds LLP 66 Wellington Street West, Suite 4100 P.O. Box 356 TD Bank Tower Toronto, ON M5K 1B7 Bruce Engell Tel: 416.947.5081 Email: bengell@weirfoulds.com

City of Toronto Planning & Administrative Law 55 John Street, 26th Floor Metro Hall Toronto, ON M5V 3C6 Ben Baena Tel: 416.392.8806 Email: ben.baena@toronto.ca Alexander Suriano Tel: 416.392.4827 Email: alexander.suriano@toronto.ca

Royalwood Developments Limited Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 Calvin Lantz Tel: 416.869.5669 Email: clantz@stikeman.com Jonathan Cheng Tel: 416.869.6807 Email: jcheng@stikeman.com

South Eglinton Ratepayers' and Residents' Association (SERRA) 1601 Bayview Avenue P.O. Box 43613 Toronto, ON M4G 4G8 Andy Gort Tel: 416.725.3559 Email: agort@sympatico.ca

Toronto District School Board Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide St W Toronto, ON M5H 4E3 J. Pitman Patterson Tel: 416.367.6109 Email: ppatterson@blg.com Julie Lesage Tel: 416.367.6276 Email: jlesage@blg.com

Participants

1. MTB Group and 2797716 Ontario Inc. Sherman Brown 5075 Yonge St, North York, ON M2N 6C6 Adam Brown Tel: 416.222.0344 ext. 105 Email: adam@shermanbrown.com Jessica Smuskowitz Tel: 416.222.0344 ext. 114 Email: jessica.s@shermanbrown.com

Attachment 2

Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.

PROVINCIAL STATUTORY & POLICY REQUIREMENTS

Planning Act

1. Is the proposed development consistent with the purposes of the Planning Act as set forth in Section 1.1 of the Planning Act?
2. Does the proposed development have appropriate regard for the matters of provincial interest as set forth in Section 2 of the Planning Act – more specifically, the following matters: Section 2(h), 2(p) and 2(r)?

Provincial Policy Statement

3. Is the proposed development consistent with the Provincial Policy Statement (2020) pursuant to Section 3(5) of the Planning Act - more specifically, the following policies: 1.1.1, 1.1.2, 1.1.3, 1.2.1, 1.2.4, 1.2.5, 1.4.3, 1.6.6, 1.6.7, 1.8 and 4.6?

Growth Plan

4. Does the propose development conform to and not conflict with the Growth Plan for the Greater Golden Horseshoe (2020) pursuant to section 3(5) of the Planning Act - more specifically, the following policies: 1.2.1, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 3.2.8.1, 4.2.10.1 and 5.2.5?

CITY OF TORONTO OFFICIAL PLAN

5. Does the proposed development conform to the policies of the City of Toronto Official Plan - more specifically, the following policies: 2.2.2, 2.3.1, 3.1.1.5, 3.1.2.3, 3.1.2.4, 3.1.3, 3.2.2, 4.2, 4.2.2 and 5.1.1?
6. Does the proposed development conform to the policies of the Yonge-Eglington Secondary Plan – more specifically, the following policies: 1.3.3, 2.1.1, 2.1.2, 2.2.1, 2.5.10, 2.5.11, 3.1.1 – 3.1.5, 3.1.7, 3.1.8, 3.3.1 – 3.3.4, 3.3.26, 5.1.1.a, 5.1.1.b, 5.3.1 – 5.3.6, 5.3.28 – 5.3.47, 5.4.1, 5.4.3, 5.7, 9.3 and 9.7?

SITE-SPECIFIC ISSUES

7. Does the proposed development represent good land use planning and urban design, having regard to matters such as: a. The appropriateness of the proposed built form, building type, massing and scale, building heights, density and design and transition to adjacent areas on matters related to: (i) Base building height (ii) Base Building setbacks (iii) Overall building height (iv) Tower setbacks and separation distances and stepbacks (v) Tower floor plate size (vi) Built form and height transition to the east and south (vii) Dog run facility b. Whether the proposed development is consistent with City of Toronto Tall-Building Design Guidelines;
8. Will the proposed development adversely impact school accommodation and capacity?
9. If the proposed development is approved what community benefits and other matters in support of the development are appropriate under Section 37, secured in an agreement registered on title?
10. If the proposed development is approved should the Tribunal’s final order be withheld until the Tribunal receives confirmation from the City Solicitor that a Construction Management Plan is secured as a matter of legal convenience in a Section 37 Agreement registered on title?”
11. What measures should the applicant take to mitigate potential adverse construction impacts to existing buildings and structures on adjacent lands to the north?

Attachment 3

Order of Evidence

Evidence In-Chief

1. Wells Gordon Limited
2. City of Toronto
3. SERRA
4. Royalwood Developments Limited
5. Toronto District School Board

Reply Evidence 6. Reply - Wells Gordon Limited

Attachment 4

Summary of Filing Dates

EVENT	DATE
Parties to exchange their List of Witnesses	Nov 1, 2021
Expert Witnesses to have a meeting	Nov 15, 2021
Agreed Statement of Facts due	Dec 20, 2021
Parties to exchange their Witness and Expert Witness Statements	Nov 29, 2021
Parties to exchange their Reply Witness Statements	Dec 13, 2021
Parties to exchange their Visual Evidence	Dec 20, 2021
Parties to file Joint Document Book	Dec 20, 2021
Hearing Plan due to LPAT	Jan 3, 2022
LPAT hearing commences	Jan 10, 2022

Attachment 5

Meaning of terms used in the Procedural Order:

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.