Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 04, 2021
CASE NO(S).: PL210256
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Weston Road Limited Partnership
Subject: Application to amend Zoning By-law No. 1-83 and Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: RM2 (Residential Multiple) by Zoning By-law No. 1-83 and RA (Residential Apartment) by Zoning By-law No. 569-2013
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 38-storey mixed-use building
Property Address/Description: 1821 - 1823 and 1831 Weston Road
Municipality: City of Toronto
Municipality File No.: 19 254711 WET 05 OZ
OLT Case No.: PL210256
OLT File No.: PL210256
OLT Case Name: Weston Road Limited Partnership v. Toronto (City)
Heard: September 7, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
Weston Road Limited Partnership
Michael Foderick
City of Toronto
Derin Abimbola (for Roman Ivanov)
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON SEPTEMBER 7, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”). The appeal was made under s. 34(11) of the Planning Act by Weston Road Limited Partnership (the “Applicant/Appellant”) for the failure of the City of Toronto (the “City”) to make a decision regarding the Applicant/Appellant request for an amendment of the former City of York Zoning By-law No. 1-83 and City-wide Zoning By-law No. 569-2013, for the lands municipally known as 1821-1823 and 1831 Weston Road (“subject lands”).
2The application proposes to build a 38-storey, mixed-use building with a six-storey podium. The proposed building would contain 427 square metres (“m²”) of retail space and 446 new residential apartment units and have a gross floor area of approximately 32,495 m².
3The affidavit of service for the first CMC was marked as Exhibit 1.
4The Tribunal did not receive any requests for granting of additional party or participant status and none were granted.
5The possibility of Tribunal-led mediation was reviewed. The parties submitted that it will not be appropriate at this juncture. The parties informed the Tribunal that are they continuing to have discussions in resolving or reducing the number of issues.
6The parties submitted that while they progress, they would like the Tribunal to set up a hearing. The parties submitted that they will be calling two witnesses each. Based on the enumerated number of issues outstanding and the scope of planned evidence, the Tribunal was requested to set up a hearing lasting ten days.
7The Tribunal directed the parties to provide a draft Procedural Order with a finalized issues list for its review and issuance no later than October 29, 2021. This was received and the final Procedural Order to govern the hearing is attached to this decision (Attachment 1).
8The Tribunal having received submissions by the parties and their plans for calling evidence sets a ten-day hearing by video to commence on Monday, April 4, 2022 at 10 a.m. The hearing will continue on consecutive days till April 13, 2022 and will be subsequently continued thereafter for two additional days on May 5 and 6, 2022.
9The hearing is scheduled to proceed by video as follows: Monday, April 4, 2021 at 10 a.m. (first half, eight days) GoTo Meeting: https://global.gotomeeting.com/join/342905693 Access code: 342-905-693 Audio-only telephone line: +(647) 497-9373 or (Toll Free) 1 (888) 299-1889 Audio-only access code: 342-905-693 Thursday, May 5, 2021 at 10 a.m. (second half, two days) GoTo Meeting: https://global.gotomeeting.com/join/489184277 Access code: 489-184-277 Audio-only line: +(647) 497-9391 or (Toll Free) 1 (888) 455-1389 Audio-only access code: 489-184-277
10Statutory parties and anyone seeking party or participant status] 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.
11Parties 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
12Persons 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.
13Individuals 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.
14There will be