Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 08, 2021

CASE NO(S).: PL190324

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: The Governing Council of the University of Toronto

Appellant: 2692201 Ontario Inc.

Appellant: KingSett Capital Inc.

Appellant: Knightstone Capital Management Inc

Appellant: 462226 Ontario Inc.

Subject: Proposed Official Plan Amendment No. OPA 453

Municipality: City of Toronto

OLT Case No.: PL190324

OLT File No.: PL190324

OLT Case Name: 2692201 Ontario Inc. v. Toronto (City)

Heard: October 25, 2021 by video hearing

APPEARANCES:

Parties

Counsel

City of Toronto

Jason Davidson

462226 Ontario Inc.

Lee English

2692201 Ontario Inc.

David Neligan (for Eileen Costello)

Whitewall Property Corporation

David Bronskill

The Governing Council of the University of Toronto

Marisa Keating

Joseph Da Silva

Victoria Peter

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON OCTOBER 25, 2021 AND ORDER OF THE TRIBUNAL

1This is the second Case Management Conference (“CMC”) with respect to the various appeals against City of Toronto Official Plan Amendment No. 453 (“OPA 453”).

2The parties informed the Tribunal prior to the CMC that they have made progress. The City and the Governing Council of the University of Toronto (“UoT”) have reached a settlement. The remaining Appellants consented and have scoped their appeals to be site-specific versus city-wide appeals of OPA 453.

OPA 453

3OPA 453 was adopted by City of Toronto (the “City”) Council by enactment of By- law No. 986-2019 at its meeting on June 19, 2019. OPA 453 introduces policy into the City Official Plan (“OP”) under the Housing Policies in s. 3.2.1 of the OP.

4OPA 453 introduces a definition for “dwelling room”, meaning a room used as living accommodation that is available for rent and that is not self-contained. A dwelling room may contain private sanitary facilities or cooking facilities, but not both.

5The new policies deal with the obligation to replace existing dwelling room floor area in new development where certain specified conditions as set out in the policy pertain. The new policy also goes on to address an acceptable tenant relocation and assistance plan to lessen hardship for existing tenants.

PRELIMINARY MATTERS

6As a follow-up from the first CMC, Whitewall Property Corporation (“Whitewall”) requested party status and all parties consented. Whitewall informed the Tribunal that they have a property located at 9 Albany Avenue in the City. Whitewall submitted that they are seeking party status to partake and assist the Tribunal in this matter under Rule 8.3 of the Tribunal’s Rules of Practice and Procedure. Namely;

8.3 Non-Appellant Party A party to a proceeding before the Tribunal which arises under any of subsections 17(24) or (36), 34(19) or 51(39) of the Planning Act who is not an appellant of the municipal decision or enactment may not raise or introduce a new issue in the proceeding. The non-appellant party may only participate in these appeals of municipal decisions by sheltering under an issue raised in an appeal by an appellant party and may participate fully in the proceeding to the extent that the issue remains in dispute. A non-appellant party has no independent status to continue an appeal should that appeal be withdrawn by an appellant party.

7The Tribunal granted party status to Whitewall as a Non-Appellant Party.

8Whereas the first CMC envisaged possible review of additional participants to be considered for granting of participant status, no submissions were received for granting of such status and no additional participants were granted status.

OPA 453 SETTLEMENT AND APPROVAL

9The City submitted a sworn Affidavit from Deanna Chorney in support of the settlement. Ms. Chorney was qualified by the Tribunal to provide expert opinion evidence in the area of land use planning.

10Ms. Chorney informed the Tribunal that OPA 453 provides clarification of the definition for a “Dwelling Room” vis-a-vis student residences. The revised definition states;

"Dwelling room means a room used as living accommodation that is available for rent and that is not self-contained. A dwelling room may contain private sanitary facilities or cooking facilities, but not both. A dwelling room, for the purposes of this policy, excludes living accommodation exempted from the application of the Residential Tenancies Act, or successor legislation.

11Ms. Chorney further opined that OPA 453 has regard for matters of provincial interest by providing for a range of housing options including affordable housing as identified in s. 2(j) of the Act.

12Ms. Chorney also opined that OPA 453 is consistent with the Provincial Policy Statement 2020 (“PPS 2020”) and as well, conforms to the Growth Plan for the Greater Golden Horseshoe 2020 (the “Growth Plan”) in similar fashion by providing housing of mixed choices that is inclusive of affordable housing options.

13Ms. Chorney stated that OPA 453 maintains the intent and purpose of the City’s Official Plan and specifically Section 3.2.1 Housing, through the policy of maintaining affordable housing choices in the City and replenishing where such opportunities exist in new developments.

14The Tribunal, based on consent and submissions of all the parties; the unopposed and uncontroverted expert opinion evidence of Ms. Chorney finds that OPA 453, as amended, has regard for matters of provincial interest, is consistent with PPS 2020, conforms with the Growth Plan and maintains the general intent and purpose of the City’s Official Plan. This Tribunal finding does not apply to matters of two site specific appeals that continue for lands municipally known as 295 Jarvis Street, Toronto; and 935 Queen Street West, Toronto

15The City requested that the Tribunal render an oral decision if appropriate. The Tribunal provided an oral decision at the conclusion of the CMC approving the amended OPA 453 as presented and now appended as Attachment 1 to this decision and order.

16The Tribunal also reviewed plans to resolve the remaining two site specific appeals in this matter. The parties submitted that much would depend upon the processing of development plans for the two excerpted properties and that work is underway in this regard. Based on submissions of the parties the City is directed to provide an update to the Tribunal by Monday, April 25, 2022.

ORDER

17The appeal of The Governing Council of the University of Toronto is allowed in part and Amendment No. 453 to the Toronto Official Plan, attached as Attachment 1 to this Order, is approved and is in full force and effect except for the lands municipally known as 295 Jarvis Street, Toronto and 935 Queen Street West, Toronto for which site-specific appeals with respect to Amendment No. 453 to the Toronto Official Plan continue.

18This Member is not seized but may be approached 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.