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
PREAMBLE
[A] This is a corrected Memorandum of Oral Decision and Order replacing a Memorandum of Oral Decision and Order previously issued by the Tribunal on November 8, 2021. This decision modifies and corrects the Decision issued on November 8, 2021: by addressing matters relating to Whitewall Property Corporation, the owner of property known municipally as 9 Albany Avenue in the City of Toronto (“Whitewall”) which were inadvertently omitted from the Decision; and by adding additional paragraphs inadvertently omitted from the Order.
[B] The corrections align the written decision with the oral decision rendered by the Tribunal on October 25, 2021 in accordance with the joint request of the parties which included the request relating to the addition of Whitewall Property Corporation as a party, specifically sheltering under the appeals by 462226 Ontario Limited and 2692201 Ontario Inc, and the withholding of the Final Order, as it is to apply to 9 Albany Avenue, contingent upon confirmation to the Tribunal of agreed-upon pre-requisites.
CMC AND SETTLEMENT HEARING
1This was 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 (the “Rules”). 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 is satisfied that it is appropriate to grant party status to Whitewall to enable the Tribunal to adjudicate effectively and completely on the issues that will remain. The Tribunal accordingly will grant party status to Whitewall as a Non-Appellant Party specifically to shelter under the issues of the remaining Appellants 462226 Ontario Limited and 2692201 Ontario Inc in accordance with Rule 8.3 of the Tribunal’s Rules of Practice and Procedure. Upon the submissions of the Parties as to the continuing interests of 462226 Ontario Limited and 2692201 Ontario Inc. and Whitewall, as it shelters under their Appeals, in ongoing site-specific issues relating to 9 Albany Avenue, the Tribunal is satisfied that it is appropriate to withhold the Order, as it would apply to the property at 9 Albany Avenue, until the earlier of the two resolutions referred to in the Order herein.
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 and the Tribunal confirms that the policies of Revised OPA 453 are in full force and effect, with the exception only as they apply to these lands which are the subject of the two site-specific appeals.
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 as of the date of October 25, 2021 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.
18Whitewall Property Corporation is added as a Party to this proceeding, sheltered under the appeals by 462226 Ontario Limited and 2692201 Ontario Inc.
19This Order is withheld as it applies to the property at 9 Albany Avenue until the Parties confirm to the Tribunal that the earlier of the following has occurred:
The appeals by 462226 Ontario Limited and 2692201 Ontario Inc. are resolved, either by disposition by the Tribunal, settlement or withdrawal,
or
Whitewall Property Corporation's party-status interest is resolved.
20In the event matters arise related to the implementation of this Order, the Tribunal may be spoken to in accordance with the Tribunal’s Rules of Practice and Procedure or as otherwise agreed by the Parties.
“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.