Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 04, 2021
CASE NO(S).: PL170905
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 567485 Ontario Ltd. and 887343 Ontario Ltd.
Subject: Request to amend the Official Plan - Refusal of request by the City of Toronto
Existing Designation: Apartment Neighbourhoods, Neighbourhoods and Natural Areas
Proposed Designated: Apartment Neighbourhoods, Neighbourhoods and Natural Areas
Purpose: To permit an infill residential development
Property Address/Description: 314-317 and 325 Bogert Avenue and 305-308 Poyntz Avenue
Municipality: City of Toronto
Approval Authority File No.: 16 272001 NNY 23 OZ
OLT Case No.: PL170905
OLT File No.: PL170905
OLT Case Name: 567485 Ontario Ltd. 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: 567485 Ontario Ltd. and 887343 Ontario Ltd.
Subject: Application to amend the former City of North York Zoning By-law No. 7625 - Refusal of Application by the City of Toronto
Existing Zoning: RM3 and R4
Proposed Zoning: Site specific to be determined
Purpose: To permit an infill residential development
Property Address/Description: 314-317 and 325 Bogert Avenue and 305-308 Poyntz Avenue
Municipality: City of Toronto
Municipality File No.: 16 272001 NNY 23 OZ
OLT Case No.: PL170905
OLT File No.: PL170906
Heard: October 29, 2021 by telephone conference call (“TCC”)
APPEARANCES:
Parties
Counsel
567485 Ontario Ltd. and 887343 Ontario Ltd. (“Applicant”)
David Bronskill
City of Toronto (“City”)
Ray Kallio
Toronto and Region Conservation Authority (“TRCA”)
Tim Duncan
Estelle Kosoy (“Added Party”)
Aaron Platt
Zachary Fleisher
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON OCTOBER 29, 2021 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was scheduled by the Tribunal at the last CMC held on April 26, 2021 and was originally to proceed on Friday, September 10, 2021, but was adjourned to this date, at the joint request of the parties to allow for further time necessary for City Council to consider and approve the Applicant’s offer to settle.
2Prior to this date, the Tribunal was advised that City Council had resolved to accept the Applicant’s proposal and that all issues between the Applicant and City had been resolved. The Tribunal was also advised that TRCA’s issues had also been settled in principle but had not yet been reduced to writing. Finally, the Added Party advised that she had not yet settled her issues, relating to the interface between her adjacent property and the Applicant’s property proposed for development.
3As the parties were expected to be prepared at this point to proceed to a hearing or arrange for a settlement conference, the Tribunal has directed that the outstanding matters be addressed so the Tribunal may, without any further delay, proceed to the scheduling of a full settlement hearing or a partial settlement hearing with adjudication of those outstanding issues that cannot be resolved.
4To that end the following timetable was confirmed and directed by the Tribunal.
(a) Mr. Bronskill has undertaken to provide the settlement materials to TRCA with respect to those issues now resolved with TRCA, and to circulate the final revised plans and related information to all counsel no later than next Friday, November 5, 2021;
(b) Messrs. Duncan and Platt are to provide their responses, circulated to all counsel, by Friday, November 12, 2021. Mr. Kallio on behalf of the City will also communicate the City’s position within that time period as necessary;
(c) By the following Friday, November 19, 2021, Mr. Bronskill is to have produced a draft Procedural Order incorporating the results of the exchanges and discussions for submission to the Tribunal, and will confirm to the Tribunal the expected number of days required for a hearing event (currently expected to be four days). That hearing event will be anticipated to be a settlement hearing of those issues settled between the Applicant and the City and the TRCA, and a hearing of those remaining issues that remain with Mr. Platt’s client, or the City, if any arise;
(d) By Friday, November 19, 2021, Mr. Bronskill is also to advise the Tribunal, on behalf of all counsel, as to the earliest date requested for the commencement of the hearing in 2022. All counsel will provide conflict dates to the Case Coordinator for a six-month period thereafter to expedite securing a hearing date on the Tribunal’s calendar in 2022.
5An additional CMC is now scheduled for 9 a.m. on Tuesday, November 23, 2021. Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 1006967# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
6The Panel Member shall remain seized for the purposes of continuing case management and the conduct of the further CMC. There will be no further notice.
7The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.
“David L. Lanthier”
DAVID L. Lanthier
vice-chair
Ontario Land Tribunal
Website: www.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.