Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 25, 2021

CASE NO(S).: PL180201

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: CP REIT Ontario Properties Limited Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment Existing Designation: Mixed Use Areas Proposed Designated: Site Specific (To be determined) Purpose: To permit a comprehensive development of a mixed-use, transit-oriented community Property Address/Description: 1880-1890 Eglinton Avenue East and 1523 and 1525-1545 Victoria Park Avenue Municipality: City of Toronto Approval Authority File No.: 15 258686 ESC 37 OZ OLT Case No.: PL180201 OLT File No.: PL180201 OLT Case Name: CP REIT Ontario Properties Limited v. Toronto (City)

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

Applicant and Appellant: CP REIT Ontario Properties Limited Subject: Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision Existing Zoning: Commercial Residential Proposed Zoning: Site Specific (To be determined) Purpose: To permit a comprehensive development of a mixed-use, transit-oriented community Property Address/Description: 1880-1890 Eglinton Avenue East and 1523 and 1525-1545 Victoria Park Avenue Municipality: City of Toronto Municipality File No.: 20 209175 ESC 21 OZ OLT Case No.: PL180201 OLT File No.: PL210300

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: CP REIT Ontario Properties Limited Subject: Proposed Plan of Subdivision - Failure of City of Toronto to make a decision Purpose: To permit a comprehensive development of a mixed-use, transit-oriented community Property Address/Description: 1880-1890 Eglinton Avenue East and 1523 and 1525-1545 Victoria Park Avenue Municipality: City of Toronto Municipality File No.: 20 209194 ESC 21 SB OLT Case No.: PL180201 OLT File No.: PL210301

Heard: October 8, 2021 by video conference hearing

APPEARANCES:

Parties	Counsel
CP REIT Ontario Properties Limited (“Applicant”)	Sidonia Tomasella Maggie Bassani
City of Toronto (“City”)	Daniel Elmadany Amanda Hill
D.D. Acquisitions Partnership (“D.D. Acquisitions”)	Sharmini Mahadevan
Calloway REIT	Max Laskin
Bell Telephone Company of Canada (“Bell Canada”)	Isaac Tang Lee English

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON OCTOBER 8, 2021 AND ORDER OF THE TRIBUNAL

1This is the fifth Case Management Conference (“CMC”) conducted in Ontario Land Tribunal File No. PL180201, the Appeal relating to the requested Official Plan Amendment under s. 22(7) of the Planning Act (“Act”) (the “OPA Appeal”). Concurrently, this is also a first CMC conducted with respect to the additional appeals relating to the Zoning By-law Amendment pursuant to s. 34(11) in File No. PL210300 (“ZBLA Appeal”) and the plan of subdivision appeal under s. 51(34), in File No. PL21301 (“Subdivision Appeal”).

2All appeals relate to a site at 1880-1890 Eglinton Avenue East and 1523 and 1525-1545 Victoria Park Avenue and the proposed comprehensive redevelopment of that site with a new commercial and residential mixed-use project.

3The Notice of the CMC for the ZBLA Appeal and the Subdivision Appeal was recognized as Exhibit 1 to the hearing event.

PARTY STATUS

4D.D. Acquisitions, Calloway REIT and Bell Canada were all granted party status by the Tribunal in the prior CMCs conducted for Appeal File No. PL180201. The Tribunal received a written request for Party Status from D.D. Acquisitions in the ZBLA Appeal and the Subdivision Appeal on the basis that it has the same similar and direct interest in these Appeals which relate to the same site and proposed development. The other added parties, Calloway REIT, and Bell Canada, having not been served with Notice of the CMC in the ZBLA Appeal and Subdivision Appeal did not file formal requests for Party Status but similarly advanced a request for party status. There was no objection from the City or the Applicant.

5All three entities are now granted party status concurrently in all three of the Appeals.

ANTICIPATED SETTLEMENT

6In accordance with the last session of Case Management on April 26, 2021, with the hearing date of the OPA Appeal scheduled for September of 2022, the parties were to have a draft Procedural Order and Issues List ready to be finalized at this CMC. This did not occur due to the progress made in settling issues.

7Prior to the CMC the Tribunal received communications from the Applicant indicating that the parties were on the cusp of a settlement of the OPA Appeal and ZBLA Appeal, and an agreement in principle with respect to the Subdivision Appeal. This anticipated resolution arose from ongoing discussions with the City, with the terms of the settlement having been made public on August 27, 2021. Although the Applicant at first indicated that this CMC might be converted to a settlement hearing, ultimately there were additional matters to be discussed with Bell Canada that prevented this from happening.

8The Tribunal is now advised that although there is an agreement in principle, the settlement is not yet in place and some additional time will be required to complete certain studies. The Applicant advises that optimistically it is expected that in approximately eight (8) weeks time the parties will be in a position to file the required materials and present a settlement to the Tribunal for its consideration. What is proposed at that time, if all is well, is a consolidation and final resolution of both the OPA and ZBLA Appeals, with the final consideration of the Subdivision Appeal to be deferred to allow for the parties to draft the necessary draft plan conditions and finalize the details of an agreement in principle.

9The Applicant requested that the Tribunal also now schedule a further hearing event in the early spring of 2022 to deal with the Subdivision Appeal.

10The Tribunal will schedule a further hearing event with the direction that the parties are to be ready either to (a) present the terms of the settlement of the OPA and ZBLA Appeals, and defer the determination of the Subdivision Appeal; or (b) in the unlikely event a settlement is not in place, to have a final draft of a Procedural Order and Issues List for all unresolved Issues ready for review and approval by the Tribunal. The Tribunal will defer the scheduling of any further hearing event for the Subdivision Appeal and this can be spoken to at the next hearing event.

ORDER AND CASE MANAGEMENT AND DIRECTIVES

11To that end, in addition to granting party status as set out above, the following order and case management directives are made:

(1) The Tribunal orders that the Appeal under s. 22(7) of the Planning Act in File No. PL180201 in Tribunal be consolidated with the Appeal under s. 34(11) of the Planning Act in Tribunal File No. PL210300, in accordance with Rule 16.2 of the Tribunal’s Rules of Practice and Procedure.

(2) A hearing event conducted by video conference, to proceed either as a Settlement Hearing and/or CMC, is now scheduled commencing at 10 a.m. on Friday, December 10, 2021. The hearing coordinates for the GoToMeeting video hearing are set out below.

(3) On or before Friday, November 26, 2021 the parties shall jointly provide a written status update to the Case Coordinator/Planner for the file as follows:

(a) In the event the Parties have resolved all outstanding issues in the OPA and ZBLA Appeals, and resolved the Subdivision Appeal in principle, counsel will file:

(i) a copy of any executed Minutes of Settlement unless inapplicable or withheld at the option of the Parties and/or any applicable Council Resolution accepting an offer or approving the settlement for presentation to the Tribunal;

(ii) a copy of all supporting documentation, materials, draft plans or specifications, reports or other documentary material which the Parties wish to submit as evidence in support of the settlement as well as relevant excerpts of the PPS, any applicable Provincial Plans, and municipal planning policy documents that will be relied upon in evidence. Clear legible versions of any detailed plans must be provided, and in electronic format, must be scalable for easy viewing;

(iii) any Planning Affidavit or evidence outline of a qualified planner (or other relevant expert) who will provide evidence in support of the settlement, together with a copy of his or her curriculum vitae and executed Acknowledgement of Expert’s duty;

(iv) the terms of any draft order submitted for consideration and approval by the Tribunal inclusive of any precedent conditions to the issuance of a final Order by the Tribunal (with the electronic version in Word format);

(v) a separate copy of each draft instrument(s) submitted for consideration and approval by the Tribunal (with the electronic version in Word format);

(vi) Any other materials which the Parties rely upon in support of the requested Orders of the Tribunal at the Settlement Hearing

OR

(b) In the event a settlement has not been reached the Parties shall jointly file with the Tribunal a final draft Procedural Order and Issues List. In the event that there are matters in dispute with respect to the form of the Procedural Order or the identification of the Issues, the Tribunal is also to be provided with a concise summary of the issues in dispute and the position of the parties together with the draft Procedural Order and Issues List

(4) At the hearing event on Friday, December 10, 2021, if the Settlement Hearing is conducted, the Tribunal will be spoken to as to the scheduling of a further date in 2022 to conduct either a settlement hearing or CMC of the Subdivision Appeal.

(5) There will be no further notice with respect to the hearing event, and the Panel Member is not seized for any hearing event nor assigned for continuing case management.

(6) The Tribunal so orders and provides these CMC directives for the purposes of the case management of these Appeals

TELEPHONE HEARING AND VIDEO HEARING COORDINATES

12The Parties are directed to log into the video hearing on Friday, December 10, 2021 at least 15 minutes before the start of the event to test their video and audio connections amongst themselves:

https://global.gotomeeting.com/join/679319045

Access Code: 679-319-045

13All Parties, witnesses or observers 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.

14Individuals are directed to connect to the hearing event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing 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.

15Persons who experience technical difficulties accessing the video hearing event using 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The access code is 679-319-045.

“David L. Lanthier”

DAVID L. LANTHIER VICE-CHAIR

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.