Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 07, 2021
CASE NO(S).: PL200569
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dandaw Development Ltd. et. al.
Subject: Application to amend Zoning By-law 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: I1 D1 (Industrial)
Proposed Zoning: I1 D1 (Industrial) Site Specific
Purpose: To permit two mixed-use tall buildings at 33 and 26 storeys
Property Address/Description: 10-30 Dawes Road
Municipality: City of Toronto
Municipality File No.: 19 124138 STE 19 OZ
LPAT Case No.: PL200569
LPAT File No.: PL200569
LPAT Case Name: Dandaw Development Ltd. v. Toronto (City)
Heard: November 25, 2021 by Video Hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dandaw Developments Ltd. and Marlin Springs Limited Partnership ("Applicant") | M. Foderick |
| City of Toronto ("City") | J. Davidson/L. Bisset |
| Canadian Tire Corporation Limited | M. Poremba |
| Tri-Metro Investments Inc. | M. Melling |
| 6 Dawes Danforth Inc. | D. Artenosi |
| Minto (Dawes) GP Inc. | J. Dawson |
| Metrolinx | A. Baker |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON NOVEMBER 25, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held its third Case Management Conference on this matter in the lead up to a scheduled 15 day hearing, set to commence on Monday, January 24, 2022.
2The Tribunal heard a status update with regard to off-line settlement discussions, a request to amend dates in the Procedural Order ("PO"), and a request to set a one day settlement hearing.
3For the reasons set out below, the Tribunal amended certain dates in the PO, set a one day settlement hearing for Friday, January 7, 2022, gave direction with regard to the preparation and circulation of an affidavit from a land use planner prior to the settlement hearing date, and released 10 days from the 15 day hearing set for Monday, January 24, 2022.
DECISION
4The Tribunal was advised by all counsel that they were confident of a settlement in this matter.
5Accordingly, the Tribunal set a one day settlement hearing for Friday, January 7, 2022 commencing at 10 a.m. by VH.
6Parties and participants 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/144816893
Access code: 144-816-893
7Parties 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
8Persons 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) 299-1889 or +1 (647) 497-9373. The access code is 144-816-893.
9Individuals 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 VH to ensure that they are properly connected to the event at the correct time. Questions prior to the VH may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10The Tribunal directed that the Applicant shall on or before Monday, January 3, 2022, circulate to the Case Coordinator, all the parties, and the participant, an affidavit by a land use planner in support of the proposed settlement, including a draft Zoning By-law Amendment.
11Notwithstanding, the confidence for a settlement, and in an abundance of caution, the Tribunal was also asked, on consent, to amend the PO to have November 30, 2021, for the exchange of Witness Lists, to have December 22, 2021, for the exchange of Witness Statements, and January 14, 2022, for any Reply Witness Statements, the exchange of any visual evidence, the filing of the Joint Document Book and the submission of a draft Hearing Plan. The Tribunal agreed and the respective dates in the PO are hereby amended.
12With regard to the 15 day hearing set to commence on Monday, January 24, 2022, counsel agreed that the last 10 hearing days could be released from the Tribunal’s hearing schedule, and the Tribunal released the week of January 31, 2022, and the week of February 7, 2022.
13The Tribunal was informed of a related matter that will be proceeding before City Council at its December 15-16, 2021 meeting, and counsel for the City volunteered to provide a status update to the parties of the City Council decision. The Tribunal thanks counsel for their assistance.
14In the event that the City Council decision of December 15-16, 2021, has a material effect on the proposed settlement such that the parties are unanimously of the view that the production of the witness statements, (and the other subsequent procedural steps toward the hearing on the merits) now scheduled to begin on December 22, 2021, is not necessary, the Tribunal may be approached for a release of those amended requirements in the PO.
15Finally, as the parties are well aware, Tribunal hearing days are a very limited public resource, especially during these Covid-19 times. Thus, the Tribunal requests that the parties, as soon as they are able, advise the Case Coordinator if any or all of the remaining five days for the hearing set for Monday, January 24, 2022 may also be released from the Tribunal’s hearing schedule.
16There will be no further notice.
17I am not seized.
18Scheduling permitting, I may be available for case management purposes.
19This is the Order of the Tribunal.
"Blair S. Taylor"
BLAIR S. TAYLOR 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.