Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 29, 2021

CASE NO(S).: PL210195

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

Applicant and Appellant: 6 Dawes Danforth Inc.

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: I1 D2 (Industrial)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit two mixed-use buildings with four towers of 44, 46, 37 and 19 storeys in height

Property Address/Description: 6 Dawes Road

Municipality: City of Toronto

Municipal File No.: 19 253476 STE 19

OLT Case No.: PL210195

OLT File No.: PL210195

OLT Case Name: 6 Dawes Danforth Inc. v. Toronto (City)

Heard: November 23, 2021 by video hearing

APPEARANCES:

Parties Counsel/Representative*

6 Dawes Danforth Inc. (“Applicant”) Michael Cara (in absentia) Daniel Artenosi

City of Toronto (“City”) Laura Bisset (in absentia) Michael Mahoney Jason Davidson

Minto (Dawes) GP Inc. Brendan Smith (in absentia) John Dawson (in absentia) Cynthia MacDougall

Metrolinx Andrew Baker

Dandaw Developments Limited Fern Opatowski (in absentia) Michael Foderick

Tri-Metro Investments Inc. Michael Melling

Victoria Wood (Main Square) Inc. David Neligan

Canadian Tire Corporation Limited Jennifer Evola Signe Leisk (in absentia)

John Hartley Self-represented*

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY AND INTERIM ORDER OF THE TRIBUNAL

1This is the third Case Management Conference (“CMC”) convened by the Tribunal regarding this matter. The Applicant is the owner of 6 Dawes Road (“Subject Lands”) in the City and is proposing to build two mixed use buildings with four towers of 44, 46, 37 and 19 storeys in height which include 5,537 square metres (“sq m”) of non-residential Gross Floor Area (“GFA”) and 91,928 sq m of residential GFA with a total of 1,467 dwellings (“Proposal”). The Subject Lands are currently occupied by a self-storage facility with 14 single storey buildings and one ancillary office. The purpose of this CMC is to deal with procedural matters, determine if there is an opportunity for this matter to be settled and if so, set a date for a settlement hearing.

2The Applicant submitted an application to the City to amend Zoning By-law No. 438-86, as amended, and No. 569-2013, as amended to permit the uses and development standards contemplated by the Proposal. City Council failed to make a decision within the statutory time frame and the Applicant appealed to the Tribunal pursuant to s. 34 (11) of the Planning Act.

3All parties of record are represented at this CMC. A number of observers were also in attendance.

4John Hartley notified the Tribunal by an email November 22, 2021 that the issues he raised in the appeal and as set out in the Tribunal’s Procedural Order have been resolved. He, therefore, is withdrawing his request for party status in this matter with the consent of 6 Dawes Danforth Inc. Mr. Hartley confirmed his desire to withdraw from the proceedings at the CMC. Therefore, his issues found in the Procedural Order Attachment 3 H) are to be removed from the Issues List.

5Mr. Artenosi, Counsel for the Applicant, provided background for the benefit of the Tribunal and parties. The Applicant has been in without prejudice discussion with all parties and they have made excellent progress since the last CMC. Mr. Artenosi is confident that there are no substantive issues remaining. Some implementation matters are outstanding but nothing that would preclude the Tribunal from scheduling a settlement hearing. He noted that a settlement offer was made to the City in September 2021.

6Mr. Artenosi stated that there are sensitive timing issues within the settlement proposal and therefore, requested that the Tribunal set a date for a settlement hearing in December 2021.

7All parties gave their consent to the scheduling of a settlement hearing in December 2021. Mr. Baker, Counsel for Metrolinx, Mr. Foderick, Counsel for Danlaw Developments Ltd., and Mr. Melling, Counsel for Tri-Metro Investments Inc. made the Tribunal aware of outstanding implementation matters all of which the Applicant is well aware of.

8Therefore, at the request of the Applicant and with the consent of all parties, a settlement hearing date is to be held Friday, December 17, 2021.

9Mr. Artenosi committed to submit the required Affidavit material from a qualified planner to the Tribunal no later than Monday, December 13, 2021 at 4:30 p.m.

ORDER

10Accordingly, the Tribunal Orders.

11THAT with his withdrawal as a party to the proceeding, the issues submitted by Mr. John Hartley and found in the Procedural Order Attachment 3 H) are removed from the Issues List.

12THAT a Settlement Hearing is scheduled to proceed by video on Friday, December 17, 2021 at 10 a.m.

13Parties 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/818796597

Access code: 818-796-597

14Parties 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

15Persons 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: Toll Free: 1-888-455-1389 or (647) 497-9391. The access code is 818-796-597.

16Individuals 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 CMC 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.

17No further notice will be given.

18The Tribunal Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY 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.